ORS § 238.095 — OR Code / Title 22 / Chapter 238 / Section 238.095
238.095 Termination of membership
Status: in_force

(1) An employee shall cease to be a member of the Public Employees Retirement System if the employee withdraws the member account, if any, of the member in the manner provided by ORS 238.265 (Withdrawal of member account) .

(2) Except as provided in subsection (3) of this section, an inactive member ceases to be a member of the system if the member is not vested and is inactive for a period of five consecutive years.

(3) A school district employee does not cease to be a member of the system under subsection (2) of this section if:

(a) After completing a school year, the member is inactive for the next following five school years; and

(b) The member either is reemployed by a school district in a qualifying position at the beginning of the sixth school year, or reaches earliest service retirement age before the beginning of the sixth school year.

(4) Interest shall not accrue on the amount in the member account of the former member from the date that membership is terminated under subsection (2) of this section. Upon request by the former member, the Public Employees Retirement Board shall pay the amount in a member account to a former member upon the termination of the membership of the former member under subsection (2) of this section if the former member is separated from all service with all participating public employers and all 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 system and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust. The board may deduct, from the amount paid to a former member under this subsection, all reasonable costs incurred by the system in locating the member.

(5) If the membership of a person in the system is terminated under subsection (2) of this section, and the person subsequently becomes an active member of the system, any amounts that were not paid to the person under subsection (4) of this section:

(a) Shall be credited with net earnings and losses. Under this subsection, crediting commences upon the person becoming an active member of the system and continues as long as the person remains an active member.

(b) May be withdrawn by a member who is:

(A) Separated from all service with all participating public employers and all 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 system and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust;

(B) Receiving a disability retirement allowance under ORS 238.320 (Disability retirement allowance) ; or

(C) Receiving a service retirement allowance under ORS 238.280 (Eligibility for retirement) or 238.300 (Service retirement allowance) . [Formerly 237.109; 1999 c.317 §7; 2001 c.945 §36; 2003 c.67 §20; 2003 c.105 §1; 2005 c.152 §4; 2007 c.776 §5; 2023 c.404 §6]

Source: Section 238.095 — Termination of membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 244.260 — OR Code / Title 22 / Chapter 244 / Section 244.260
244.260 Complaint and adjudicatory process
Status: in_force

(1) Intentionally left blank —Ed.

(a) Any person may file with the Oregon Government Ethics Commission a signed or electronically signed written complaint alleging that there has been a violation of either:

(A) Any provision of this chapter or of any rule adopted by the commission under this chapter. The complaint shall state the person’s reason for believing that a violation occurred and include any evidence relating to the alleged violation.

(B) ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) . The complaint shall state the particulars of meetings of a governing body that were not in compliance with ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) and shall state the person’s reason for believing that a violation occurred. The person shall include any evidence relating to the alleged violation with the complaint.

(b) If at any time the commission has reason to believe that there has been a violation of a provision of this chapter or ORS 192.660 (Executive sessions permitted on certain matters) or a rule adopted by the commission under this chapter, the commission may proceed under this section on its own motion as if the commission had received a complaint.

(2) Intentionally left blank —Ed.

(a) Not later than two business days after receiving a complaint under this section, the commission shall notify the person who is the subject of the complaint.

(b) Before approving a motion to proceed under this section without a complaint, the commission shall provide notice to the person believed to have committed the violation of the time and place of the hearing at which the motion will be discussed. If the commission decides to proceed on its own motion, the commission shall give notice to the person not later than two business days after the motion is approved.

(c) The commission shall give notice of the complaint or motion under paragraph (a) or (b) of this subsection. The notice must describe the nature of the alleged violation. The notice must include copies of all materials submitted with a complaint. If the commission will consider a motion to proceed without a complaint, the notice must provide copies of all materials that the commission will consider at the hearing on the motion.

(d) Information that the commission considers before approving a motion to proceed on its own motion under this section and any correspondence regarding the motion or potential violation is confidential. The executive director of the commission and the commission members and staff may not make any public comment or publicly disclose any materials relating to the motion pending the commission’s approval to proceed. A person who intentionally violates this paragraph is subject to a civil penalty in an amount not to exceed $1,000. Any person aggrieved as a result of a violation of this paragraph by the executive director or a member of the commission or its staff may file a petition in a court of competent jurisdiction in the county in which the petitioner resides in order to enforce the civil penalty provided in this paragraph.

(3) After the commission receives a complaint or decides to proceed on its own motion, the executive director of the commission shall undertake action in the Preliminary Review Phase to determine whether there is cause to undertake an investigation. If the person who is the subject of the action is a member of the Legislative Assembly, the executive director shall determine whether the alleged violation involves conduct protected by Article IV, section 9, of the Oregon Constitution.

(4) Intentionally left blank —Ed.

(a) The Preliminary Review Phase begins on the date the complaint is filed or the date the commission decides to proceed on its own motion and ends on the date the executive director completes the statement of the facts determined during the phase under paragraph (d) of this subsection. The Preliminary Review Phase may not exceed 60 days unless a complaint is filed under this section with respect to a person who is a candidate for elective public office, the complaint is filed within 61 days before the date of an election at which the person is a candidate for nomination or election and a delay is requested in writing by the candidate. If the candidate makes a request under this paragraph, the Preliminary Review Phase must be completed not later than 60 days after the date of the election.

(b) During the Preliminary Review Phase, the executive director of the commission may seek, solicit or otherwise obtain any books, papers, records, memoranda or other additional information, administer oaths and take depositions necessary to determine whether there is cause to undertake an investigation or whether the alleged violation involves conduct protected by Article IV, section 9, of the Oregon Constitution.

(c) The Preliminary Review Phase is confidential. The executive director of the commission and any commission members and staff may acknowledge receipt of a complaint but may not make any public comment or publicly disclose any materials relating to a case during the Preliminary Review Phase. A person who intentionally violates this paragraph is subject to a civil penalty in an amount not to exceed $1,000. Any person aggrieved as a result of a violation of this paragraph by the executive director or a member of the commission or its staff may file a petition in a court of competent jurisdiction in the county in which the petitioner resides in order to enforce the civil penalty provided in this paragraph.

(d) Intentionally left blank —Ed.

(A) At the end of the Preliminary Review Phase, the executive director of the commission shall prepare a statement of the facts determined during the phase, including appropriate legal citations and relevant authorities. Before presentation to the commission, the executive director’s statement shall be reviewed by legal counsel to the commission.

(B) Following the conclusion of the Preliminary Review Phase, the executive director of the commission shall attend an executive session of the commission where the executive director shall present the statement of the facts and summarize the results of the Preliminary Review Phase to the commission and recommend to the commission whether there is cause to undertake an investigation or whether the commission should instead dismiss the complaint or rescind its motion.

(C) At the executive session, the commission shall consider the recommendation of the executive director and make the final determination as to whether there is cause to undertake an investigation or whether the commission should instead dismiss the complaint or rescind its motion.

(D) All case related materials and proceedings shall be open to the public after the commission makes a finding of cause to undertake an investigation, dismisses a complaint or rescinds a motion.

(e) The time limit imposed in this subsection and the commission’s inquiry are suspended if a court has enjoined the executive director or the commission from continuing the inquiry.

(5) Intentionally left blank —Ed.

(a) If the commission determines that there is not cause to undertake an investigation or that the alleged violation of this chapter involves conduct protected by Article IV, section 9, of the Oregon Constitution, the commission shall dismiss the complaint or rescind its motion and formally enter the dismissal or rescission in its records. If the commission considers the recommendation of the executive director in an executive session but the commission does not affirmatively vote to undertake an investigation, dismiss the complaint or rescind its motion, the nonaction taken by the commission shall be considered a dismissal of the complaint or a rescission of its motion. The commission shall notify the person who is the subject of action under this section of the dismissal or rescission. After dismissal or rescission, the commission may not take further action involving the person unless a new and different complaint is filed or action on the commission’s own motion is undertaken based on different conduct.

(b) If the commission makes a finding of cause to undertake an investigation, the commission shall undertake action in the Investigatory Phase. The commission shall notify the person who is the subject of the investigation, identify the issues to be examined and confine the investigation to those issues. If the commission finds reason to expand the investigation, the commission shall move to do so, record in its minutes the issues to be examined before expanding the scope of its investigation and formally notify the complainant, if any, and the person who is the subject of the investigation of the expansion and the scope of the investigation.

(6) Intentionally left blank —Ed.

(a) The Investigatory Phase begins on the date the commission makes a finding of cause to undertake an investigation and ends on the date the commission dismisses the complaint, rescinds its own motion, issues a settlement order, moves to commence a contested case proceeding or takes other action justified by the findings. Except as provided in this subsection, the Investigatory Phase may not exceed 180 days unless a delay is stipulated to by both the person who is the subject of action under this section and the commission with the commission reserving a portion of the delay period to complete its actions.

(b) During the Investigatory Phase, the commission may seek any additional information, administer oaths, take depositions and issue subpoenas to compel attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to complete the investigation. If any person fails to comply with any subpoena issued under this paragraph or refuses to testify on any matters on which the person may be lawfully interrogated, the commission shall follow the procedure described in ORS 183.440 (Subpoenas in contested cases) to compel compliance.

(c) The time limit imposed in this subsection and the commission’s investigation:

(A) May be suspended if there is a pending criminal investigation that relates to the issues arising out of the underlying facts or conduct at issue in the matter before the commission and the commission determines that it cannot adequately complete its investigation until the pending criminal investigation is complete;

(B) May be suspended if a suit is commenced under ORS 192.680 (Enforcement of ORS 192.610 to 192.705) concerning the same meetings of a governing body that are the subject of the investigation by the commission, until a final adjudication of the suit has been made; or

(C) Are suspended if a court has enjoined the commission from continuing its investigation.

(d) At the end of the Investigatory Phase, the commission shall take action by order. The action may include:

(A) Dismissal, with or without comment;

(B) Continuation of the investigation for a period not to exceed 30 days for the purpose of additional fact-finding;

(C) Moving to a contested case proceeding;

(D) Entering into a negotiated settlement; or

(E) Taking other appropriate action if justified by the findings.

(e) The commission may move to a contested case proceeding if the commission determines that the information presented to the commission is sufficient to make a preliminary finding of:

(A) A violation of any provision of this chapter or of any rule adopted by the commission under this chapter; or

(B) A violation of any provision of ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) .

(7) A person conducting any inquiry or investigation under this section shall:

(a) Conduct the inquiry or investigation in an impartial and objective manner; and

(b) Provide to the executive director or the commission all favorable and unfavorable information the person collects.

(8) The commission shall report the findings of any inquiry or investigation in an impartial manner. The commission shall report both favorable and unfavorable findings and shall make the findings available to:

(a) The person who is the subject of the inquiry or investigation;

(b) The appointing authority, if any;

(c) The Attorney General, if the findings relate to a state public official;

(d) The appropriate district attorney, if the findings relate to a local public official;

(e) The Commission on Judicial Fitness and Disability, if the findings relate to a judge; and

(f) The governing body of a public body, if the inquiry or investigation concerns an alleged violation of ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) and the person who is the subject of the inquiry or investigation is a member of that governing body.

(9) Hearings conducted under this chapter must be held before an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings) . The procedure shall be that for a contested case under ORS chapter 183.

(10) The Oregon Government Ethics Commission may not inquire into or investigate any conduct that occurred more than four years before a complaint is filed or a motion is approved under subsection (1) of this section.

(11) This section does not prevent the commission and the person alleged to have violated any provision of this chapter or ORS 192.660 (Executive sessions permitted on certain matters) or any rule adopted by the commission under this chapter from stipulating to a finding of fact concerning the violation and consenting to an appropriate penalty. The commission shall enter an order based on the stipulation and consent.

(12) At any time during proceedings conducted under this section, the commission may enter into a negotiated settlement with the person who is the subject of action under this section.

(13) As used in this section:

(a) “Cause” means that there is a substantial, objective basis for believing that an offense or violation may have been committed and the person who is the subject of an inquiry may have committed the offense or violation.

(b) “Governing body” has the meaning given that term in ORS 192.610 (Definitions for ORS 192.610 to 192.705) .

(c) “Pending” means that a prosecuting attorney is either actively investigating the factual basis of the alleged criminal conduct, is preparing to seek or is seeking an accusatory instrument, has obtained an accusatory instrument and is proceeding to trial or is in trial or in the process of negotiating a plea. [1974 c.72 §13; 1989 c.807 §1; 1991 c.272 §1; 1991 c.770 §1a; 1993 c.743 §18; 1999 c.849 §§51,52; 1999 c.850 §1; 2003 c.75 §30; 2007 c.865 §23; 2009 c.163 §2; 2015 c.619 §2; 2021 c.263 §1; 2023 c.417 §§7,7a]

Source: Section 244.260 — Complaint and adjudicatory process; confidentiality; Preliminary Review Phase; presentation of statement of facts and recommendations; Investigatory Phase; possible actions by order; report of findings; contested case procedure; limitation on commission action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 238.165 — OR Code / Title 22 / Chapter 238 / Section 238.165
238.165 Credit for certain periods of employment by Legislative Assembly
Status: in_force

(1) As used in this section, “legislative employee” means any person employed by the Legislative Assembly, either of its houses or any of its committees prior or subsequent to July 22, 1973, during any period or periods of such employment qualifying the person for membership and participation in the Public Employees Retirement System under the provisions of this chapter then in effect. “Legislative employee” does not include any member of the legislature.

(2) A person shall not receive retirement credit in the Public Employees Retirement System for any period in which the person was a legislative employee, during which the person did not pay the employee contributions required by law, except as provided under this section and ORS 173.210 (Employment of staff) .

(3) Nothing in this section shall be considered to change any requirements of this chapter for membership in the Public Employees Retirement System, or to grant any membership or other rights to persons whose employment by the Legislative Assembly, either of its houses or any of its committees was not of a character or duration qualifying them under then applicable provisions of this chapter for membership in the system.

(4) Any person who is a legislative employee on July 22, 1973, who did not pay the employee contributions required by law during employment as a legislative employee prior to July 22, 1973, may obtain retirement credit for the period of such employment in the following manner:

(a) No later than one year after July 22, 1973, the employee shall give written notice to the board that the employee elects to pay to the fund the unpaid employee contributions attributable to legislative employment.

(b) The employee shall then pay to the board the entire amount of the unpaid employee contributions without interest, in a lump sum or at the option of the employee in installments, within five years after the date of making the election but prior to reaching compulsory retirement age.

(c) If a person has reached compulsory retirement age on or before July 22, 1973, or will reach compulsory retirement age no later than one year after July 22, 1973, the time in which the employee may pay the contributions to the system is extended to one year after July 22, 1973.

(5) Any person who was a legislative employee prior to July 22, 1973, and who is not so employed on July 22, 1973, but who becomes a legislative employee once again after July 22, 1973, may elect to pay employee contributions and obtain retirement credit for service prior to July 22, 1973, as a legislative employee. The election shall be made by giving written notice to the board no later than one year after the first day of the subsequent employment, in the same manner and subject to the same conditions as set forth in subsection (4) of this section.

(6) Subject to subsection (8) of this section, any person who makes the election under subsection (4) or (5) of this section and pays to the system the entire amount of employee contributions required thereunder, and who during other qualifying employment by a participating public employer contributed to the fund and subsequently but prior to July 22, 1973, withdrew contributions under ORS 238.265 (Withdrawal of member account) , may, in the same manner and subject to the same conditions as set forth in subsection (4) of this section, repay to the fund the full amount of the contributions withdrawn by the employee, and rights in the system forfeited by the withdrawal shall thereupon be restored.

(7) If a person who has reached or will reach compulsory retirement age within one year after July 22, 1973, the time for repayment under this section of the full amount of withdrawn contributions in order to restore rights in the system is extended to one year after July 22, 1973.

(8) A restoration of forfeited rights in the system shall not be available under subsections (6) and (7) of this section if a person withdrew contributions before the commencement of the employment in the course of which the person was or became a legislative employee, if the covered employment in the course of which the withdrawn contributions were made terminated more than five years before the commencement of employment.

(9) Any person who, on July 22, 1973, is an employee of the Legislative Counsel, or the Legislative Counsel, and who would have been eligible for retirement credit in the system for such employment prior to July 22, 1973, but for failure to exercise the option to become a member of the system under provisions of ORS 173.210 (Employment of staff) prior to its amendment by chapter 735, Oregon Laws 1973, may nevertheless obtain retirement credit in the system for such employment by making the election and paying employee contributions as provided in and subject to the conditions of subsection (4) of this section. The person shall not be eligible to make any election under subsection (5) or subsections (6) and (7) of this section. [Formerly 237.095]

Source: Section 238.165 — Credit for certain periods of employment by Legislative Assembly , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 241.445 — OR Code / Title 22 / Chapter 241 / Section 241.445
241.445 Right of employee to public hearing and representation
Status: in_force

All investigations pursuant to ORS 241.440 (Investigation of dismissal) shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing. At the hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting the defense of the accused. However, the right of the accused to a public hearing and to representation by counsel shall not apply to any preliminary trial or hearing before the accusing authority.

Source: Section 241.445 — Right of employee to public hearing and representation; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 243.878 — OR Code / Title 22 / Chapter 243 / Section 243.878
243.878 Board authority with respect to health benefit plans
Status: in_force

(1) The Oregon Educators Benefit Board may employ whatever means are reasonably necessary to carry out the purposes of ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans) . This authority includes, but is not limited to, authority to self-insure and to seek clarification, amendment, modification, suspension or termination of any agreement or contract.

(2) Upon providing specific notice in writing to the carrier, the affected labor organization or organizations, the districts, the local governments, the Oregon Health Authority and the affected eligible employees, and after affording opportunity for a public hearing on the issues that may be involved, the board may enter an order withdrawing approval of a benefit plan. Thirty days after entry of the order, the board shall terminate all withholding authorizations of eligible employees and terminate all board-approved participation in the plan.

(3) The board by order may terminate the participation of a district or a local government in a benefit plan if, within three months, the district or local government fails to perform an action required by ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans) or by board rule. [2007 c.7 §10; 2011 c.720 §73; 2013 c.731 §21]

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

Source: Section 243.878 — Board authority with respect to health benefit plans; termination of participation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 242.390 — OR Code / Title 22 / Chapter 242 / Section 242.390
242.390 Rules
Status: in_force

The civil service board may make appropriate rules and regulations to carry out the provisions of the Custodians’ Civil Service Law. The rules shall provide in detail the manner in which assessments are to be held and appointments and removals made. The board may, from time to time, change its rules. Any rules or regulations shall be printed for distribution by the board, and 10 days’ notice of same must be given by publication in a daily newspaper printed in the district not less than 10 days before the rules or regulations go into effect. [Amended by 2023 c.437 §5]

Source: Section 242.390 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 243.972 — OR Code / Title 22 / Chapter 243 / Section 243.972
243.972 Gifts
Status: in_force

The Public Safety Memorial Fund Board shall investigate whether gifts made to the board under ORS 243.970 (Authority of board) are, or could be, tax deductible contributions for the donors. If the gifts do not qualify as tax deductible contributions, the board shall take whatever actions are necessary to ensure that gifts meet the requirements for tax deductibility, unless such action would alter the purposes of ORS 243.954 (Definitions for ORS 243.954 to 243.974) to 243.974 (Designation of beneficiary form) . [1999 c.981 §18]

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

Source: Section 243.972 — Gifts; requirements for tax deductibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 241.105 — OR Code / Title 22 / Chapter 241 / Section 241.105
241.105 Preservation and destruction of records and examinations
Status: in_force

(1) The commission shall keep on file all examination papers and their markings and all other papers, documents and communications received by it. All such reports and files of the commission shall be public records and accessible at convenient times in like manner as other public records.

(2) The commission may destroy any reports and files of the commission which are:

(a) Not less than four years old.

(b) Less than four years old, provided they have been recorded by means of photography, microphotography, photocopying or filming and the commission determines that they have no further evidential value. [Amended by 1961 c.135 §3]

Source: Section 241.105 — Preservation and destruction of records and examinations; public records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 242.738 — OR Code / Title 22 / Chapter 242 / Section 242.738
242.738 Payments to persons not certified by commission prohibited
Status: in_force

(1) No officer or employee of the political subdivision shall authorize, draw, sign, countersign, issue or honor any warrant or order for the payment of, or pay, any salary or compensation to any person in a position subject to civil service who is not certified by the commission as provided in ORS 242.736 (Commission certification of payroll required) . Any person entitled to be certified may maintain a proceeding by mandamus to compel the issuance of such certificate.

(2) Any sums willfully paid contrary to the provisions of this section may be recovered in an action in the name of the political subdivision from any officer authorizing, drawing, signing, countersigning, issuing or honoring any warrant or order for the payment thereof, and from the sureties on the official bond of the officer. The expenses of the action may be paid from the amounts recovered therein. [1959 c.252 §23]

Source: Section 242.738 — Payments to persons not certified by commission prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 240.309 — OR Code / Title 22 / Chapter 240 / Section 240.309
240.309 Temporary appointments
Status: in_force

(1) Temporary employment shall be used for the purpose of meeting emergency, nonrecurring or short-term workload needs of the state.

(2) A temporary employee may be given a nonstatus appointment without open competition and consideration only for the purposes enumerated in this section. Temporary appointments shall not be used to defeat the open competition and consideration system.

(3) A temporary employee may not be employed in a permanent, seasonal, intermittent or limited duration position except to replace an employee during an approved leave period.

(4) Employment of a temporary employee for the same workload need, other than for leave, may not exceed six calendar months. The decision to extend the period of employment may be delegated by the Personnel Division of the Oregon Department of Administrative Services to other state agencies. Approval to extend shall be allowed only upon an appointing authority’s finding that the original emergency continues to exist and that there is no other reasonable means to meet the emergency. Agency actions under this subsection are subject to post-audit review by the Oregon Department of Administrative Services as provided in ORS 240.311 (Delegation of authority and responsibility by division) .

(5) Employment of a temporary employee for different workload needs shall not exceed the equivalent of six calendar months in a 12-month period.

(6) A temporary employee shall not be denied permanent work because of the temporary status. Temporary service shall not be used as any portion of a required trial service period.

(7) The Personnel Division of the Oregon Department of Administrative Services shall report the use of temporary employees, by agency, once every six months, including the duration and reason for use or extensions, if any, of temporary appointments. The reports shall be made available upon request to interested parties, including employee organizations. If any interested party alleges misuse of temporary employees, the division shall investigate, report its findings and take appropriate action.

(8) The Department of Justice may use temporary status appointments for student law clerks for a period not to exceed 24 months.

(9) The chief administrative law judge of the Office of Administrative Hearings may use temporary status appointments for student law clerks for a period not to exceed 24 months. Student law clerks appointed under this subsection may not act as administrative law judges or conduct hearings for the Office of Administrative Hearings.

(10) The Public Utility Commission may use temporary status appointments for student law clerks for a period not to exceed 24 months.

(11) A state agency may use temporary status appointments for a period not to exceed 48 months for student interns who are enrolled in high school or who are under 19 years of age and are training to receive a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test. Student interns are not eligible for benefits under ORS 243.105 (Definitions for ORS 243.105 to 243.285) to 243.285 (Salary deductions) . [1985 c.635 §3; 1990 c.3 §1; 1993 c.98 §5; 1993 c.724 §12; 2001 c.312 §1; 2003 c.75 §20; 2009 c.177 §1; 2017 c.66 §14]

Source: Section 240.309 — Temporary appointments; limitations; duration; extension; periodic reports; post-audit review; investigation; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 243.411 — OR Code / Title 22 / Chapter 243 / Section 243.411
243.411 Deferred Compensation Fund
Status: in_force

(1) The Deferred Compensation Fund is created, separate and distinct from the General Fund, for the purpose of holding and investing assets of the state deferred compensation plan and the assets of the deferred compensation plans of participating local governments. Interest and any other earnings of the Deferred Compensation Fund shall be credited to the fund. Moneys in the fund may be used only for the purposes of implementing and administering ORS 243.401 (Definitions for ORS 243.401 to 243.507) to 243.507 (Payment of deferred compensation to alternate payee under judgment or order) .

(2) Subject to rules adopted by the Public Employees Retirement Board under ORS 243.470 (Administration of deferred compensation program) , the assets of the Deferred Compensation Fund may be commingled with the assets of the Public Employees Retirement Fund for investment purposes in a group trust or by other means.

(3) The limitations imposed on the use of the Deferred Compensation Fund by subsection (1) of this section do not affect any law of this state that authorizes the manner in which moneys in the fund may be invested. [1997 c.179 §3]

Source: Section 243.411 — Deferred Compensation Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.260 — OR Code / Title 22 / Chapter 238 / Section 238.260
238.260 Variable Annuity Account
Status: reserved

(1) The purpose of this section is to establish a well balanced, broadly diversified investment program for certain contributions and portions of the member accounts so as to provide retirement benefits for members of the system that will fluctuate as the value and earnings of the investments vary in relation to changes in the general economy. It is anticipated that investment of those contributions and portions of the member accounts in equities will result in the accumulation of larger deposit reserves for those members during their working years, tend to preserve the purchasing power of those reserves and the retirement benefits provided thereby and afford better protection in periods of economic inflation.

(2) There is established in the Public Employees Retirement Fund an account, separate and distinct from the General Fund, to be known as the Variable Annuity Account. Interest earned by the account shall be credited to the account. The account is part of the Public Employees Retirement System and is not a separate defined contribution plan or account for the purposes of the Internal Revenue Code.

(3) Intentionally left blank —Ed.

(a) A member who is making contributions to the fund may elect at any time to have 25, 50 or 75 percent of contributions by the member to the fund on and after the effective date of the election paid into the Variable Annuity Account, credited to a variable account, and reserved for the purchase of a variable annuity. A member who has elected to have a percentage of contributions so paid, credited and reserved may elect at any time thereafter to have an additional 25 or 50 percent of contributions by the member, but not to exceed a maximum of 75 percent, so paid, credited and reserved. An election shall be in writing on a form furnished by the board and be filed with the board. An election shall be effective on January 1 following the filing thereof.

(b) Notwithstanding any other provision of this section, a member may not contribute to the Variable Annuity Account after December 31, 2003.

(4) A member who has elected to have contributions paid into the Variable Annuity Account under subsection (3) of this section may thereafter cause the contributions to cease being paid into the member’s variable account by filing a request in writing on a form furnished by the board and filed with the board. The contributions shall cease being paid into the member’s variable account after December 31 following the filing of the request. Contributions paid into the member’s variable account before the effective date of the request for cessation shall remain in the member’s variable account.

(5) Intentionally left blank —Ed.

(a) An employee who is a member of the system on January 1, 1968, and who thereafter made contributions to the Variable Annuity Account, may elect at any time to have an amount equal to 10 percent per year, for not more than five years, of the balance of the regular account of the member in the fund on the effective date of an election filed under subsection (3) of this section, transferred from the regular account of the member to the Variable Annuity Account, credited to the member’s variable account, and reserved for the purchase of a variable annuity. An election shall be in writing on a form furnished by the board and be filed with the board. An election is final and irrevocable upon the filing thereof. The first transfer pursuant to an election shall be made on July 1 following the filing of the election, but may be made, in the discretion of the board, on an earlier date.

(b) If the transfers elected by a member under this subsection have not been completed at the time of retirement, a transfer equal to one annual transfer shall be made pursuant to an election by the member made and filed as provided in this subsection.

(c) No transfer shall be made under this subsection after the first payment of the service retirement allowance of the member becomes normally due.

(d) Notwithstanding paragraphs (a) to (c) of this subsection, a member may not elect to transfer funds under this subsection after December 31, 2003.

(6) Moneys in the Variable Annuity Account may be invested in investments authorized by law for investment of moneys in the Public Employees Retirement Fund; but, notwithstanding any other general or specific law, moneys in the account shall be invested primarily in equities, including common stock, securities convertible into common stock, real property and other recognized forms of equities, whether or not subject to indebtedness. Not more than five percent of the amortized value of all the investments of the Variable Annuity Account and of moneys in the account immediately available for investment may be invested in the obligations of or equities in a single, primary obligor or issuer. A pro rata share of the administrative expenses of the system shall be paid from interest earned by the Variable Annuity Account.

(7) Intentionally left blank —Ed.

(a) Except as provided in subsection (8) of this section, the policy-making investment authority for the Public Employees Retirement Fund shall enter into contracts with one or more persons whom the authority determines to be qualified, whereby the persons undertake to invest and reinvest moneys in the Variable Annuity Account available for investment and acquire, retain, manage and dispose of investments of the account in accordance with subsections (1) and (6) of this section and to the extent provided in the contracts.

(b) Performance of functions under contracts so entered into shall be paid for out of the gross interest or other income of the investments with respect to which the functions are performed, and the net interest or other income of the investments after that payment shall be considered income of the Variable Annuity Account.

(c) The policy-making investment authority may require a person contracted with to give to the state a fidelity bond in a penal sum as may be fixed by law or, if not so fixed, as may be fixed by the authority, with corporate surety authorized to do business in this state.

(d) Contracts so entered into and functions performed thereunder are not subject to the State Personnel Relations Law or ORS 279A.050 (Procurement authority) (2) and 279A.140 (State procurement of goods and services) .

(e) A person contracted with shall report to the policy-making investment authority as often as the authority may require, but at least annually, the earnings of the moneys invested during the period covered by the report, the capital gains and losses of the Variable Annuity Account during the period, the changes in the market value of the investments of the account during the period and such other information as the authority may require.

(8) The policy-making investment authority for the Public Employees Retirement Fund, for and on behalf of the Public Employees Retirement System and Public Employees Retirement Board, may enter into group annuity contracts with one or more insurance companies authorized to do business in this state. In lieu of any investment of moneys in the Variable Annuity Account as provided in subsections (6) and (7) of this section, the authority may pay, from time to time under contracts so entered into, any moneys in that account available for investment purposes. Contracts so entered into:

(a) May provide that annuities purchased thereunder be payable in variable dollar amounts, but if that provision is made, provision also shall be made that a member of the system who has a variable account, upon retiring from service and before the first payment of retirement allowance becomes normally due, may elect an option to have the annuities payable to the member or the beneficiary of the member in fixed or variable dollar amounts or both.

(b) May provide that payment of annuities purchased thereunder may be made by the insurance company directly to persons entitled thereto or to the Variable Annuity Account for payment therefrom to those persons.

(c) Are not subject to ORS 279A.050 (Procurement authority) (2) and 279A.140 (State procurement of goods and services) .

(9) Upon retiring from service but within 60 days after the date of the first benefit payment, a member of the system who has a variable account may elect to transfer the balance in the variable account to the regular account of the member, and by that transfer the annuity shall be based on the amount in the regular account of the member as otherwise provided in this chapter and the member shall not receive a variable annuity as provided in this section.

(10) When an annuity is payable under this chapter to a member of the system who has a variable account, or is payable to a beneficiary of that person, the portion of the annuity payable from the Variable Annuity Account shall be proportionately increased or decreased for a calendar year when, as of October 31 of the preceding calendar year, the balance of the member’s variable account exceeds or is less than the current value of the annuity, determined in accordance with the rate of interest and approved actuarial tables then in effect.

(11) Notwithstanding subsection (10) of this section, the board, in the event of extraordinary fluctuation in the market value of investments of the Variable Annuity Account and in order to avoid substantial inequities, may increase or decrease the portions of annuities paid from the account for periods less than a calendar year and determined as of dates other than October 31.

(12) Notwithstanding any other provision of this chapter, the retirement allowance to which a member of the system who has a variable account or who made contributions on salary in excess of $4,800 per year during the period January 1, 1956, through December 31, 1967, and whose effective date of retirement is January 1, 1982, or later, is otherwise entitled under this chapter shall be subject to the following adjustment:

(a) The board shall determine the difference between the member account of the member and what the member account of the member would have been had the member not participated in the variable annuity program on or after January 1, 1982, plus the contributions made on salary in excess of $4,800 per year during the period January 1, 1956, through December 31, 1967.

(b) If the member account of the member due to participation in the variable annuity program or due to the contributions made on salary in excess of $4,800 per year is greater, the monthly retirement allowance of the member shall be increased by the value of the difference, using the annuity tables applicable to the plan selected by the member.

(c) If the member account of the member due to participation in the variable annuity program or due to the contributions made on salary in excess of $4,800 per year is lesser, the monthly retirement allowance of the member shall be decreased by the value of the difference, using the annuity tables applicable to the plan selected by the member.

(13) Except as otherwise specifically provided in this section, the rights and benefits under this chapter of an active or retired member of the system or of a beneficiary of the member are not affected by this section and the provisions of this chapter applicable to regular accounts of active and retired members of the system in the fund are also applicable to variable accounts.

(14) Intentionally left blank —Ed.

(a) In addition to the transfer provided for in subsection (9) of this section, a member of the system who has a variable account may at any time prior to retirement elect to transfer the balance in that account to the regular account of the member in the fund if:

(A) The member is other than a police officer or firefighter and has attained the age of 50;

(B) The member is a police officer or firefighter and has attained the age of 45; or

(C) The member has a combined total of 25 years or more of creditable service in the system and prior service credit.

(b) An election under paragraph (a) of this subsection is irrevocable, and a member who has so elected may not thereafter elect to make contributions to the Variable Annuity Account under subsection (3) of this section.

(c) An election under paragraph (a) of this subsection shall be in writing and shall be filed with the board. The board by rule shall prescribe a form for the purposes of application. An election so made shall be effective on January 1 of the year following the year in which the election is made. If the member account of the member as of the effective date of the election is less than what the member account of the member would have been had the member not participated in the variable annuity program, not including the contributions made on salary in excess of $4,800 per year during the period January 1, 1956, through December 31, 1967, the monthly retirement allowance of a member calculated under ORS 238.300 (Service retirement allowance) (2)(a) or (b)(B) shall be decreased by the value of the difference.

(d) As of the effective date of an election under this subsection, the board shall credit all earnings to the member’s variable account based on the actual calendar year variable earnings rate for the year in which the election is made. This account balance shall:

(A) Be used by the board in determining whether the member’s election is effective under paragraph (c) of this subsection; and

(B) Be the account balance credited by the board to the regular account of the member in the fund if the election is determined to be effective.

(e) Subject to paragraph (c) of this subsection, the annuity of a member who makes an effective transfer under this subsection shall be based on the amount in the regular account of the member in the fund as otherwise provided in this chapter, and the member shall not receive a variable annuity as provided in this section. [Formerly 237.197; 2001 c.945 §47; 2003 c.67 §3; 2003 c.625 §36; 2003 c.794 §218; 2005 c.808 §§2,3]

Note: Section 19, chapter 625, Oregon Laws 2003, provides:

Sec. 19. The amendments to ORS 238.260 (Variable Annuity Account) by section 3, chapter 67, Oregon Laws 2003, do not apply to any judge member who is a judge member of the system on June 30, 2003. A person who is a judge member of the system on June 30, 2003, may continue to make contributions to the Variable Annuity Account for services as a judge member performed on or after January 1, 2004. [2003 c.625 §19]

Source: Section 238.260 — Variable Annuity Account; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.970 — OR Code / Title 22 / Chapter 243 / Section 243.970
243.970 Authority of board
Status: in_force

To carry out the provisions and purposes of ORS 243.954 (Definitions for ORS 243.954 to 243.974) to 243.974 (Designation of beneficiary form) , the Public Safety Memorial Fund Board may:

(1) Request from law enforcement officials and from any other agency of the state or any local governmental unit such assistance and information as will enable the board to carry out its functions and duties.

(2) Request the assistance of the State Treasurer.

(3) Accept gifts, grants and donations from public and private sources. Such gifts, grants and donations shall be deposited by the board in the Public Safety Memorial Fund.

(4) Adopt rules pursuant to ORS chapter 183.

(5) Determine all claims for awards filed with the board under ORS 243.958 (Initial application for benefits) and 243.959 (Supplemental application for benefits) .

(6) Report biennially to the Governor and the Legislative Assembly on its activities, pursuant to ORS 192.245 (Form of report to legislature) . [1999 c.981 §13; 2003 c.295 §7]

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

Source: Section 243.970 — Authority of board; rules; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 237.480 — OR Code / Title 22 / Chapter 237 / Section 237.480
237.480 Procedure against employer failing to comply with regulations
Status: in_force

If an employer fails to report or remit to the retirement board in the manner and within the time prescribed in the regulations adopted by the board, the board, without notice, may send an auditor to the office of the employer to examine its records and to obtain the necessary reports or remittances, the entire cost of such audit to be paid by the delinquent employer.

Source: Section 237.480 — Procedure against employer failing to comply with regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 243.935 — OR Code / Title 22 / Chapter 243 / Section 243.935
243.935 Employer assumption of full amount of employee contributions
Status: in_force

Pursuant to the provisions of ORS 238.205 (Payment of employee contribution by employer) , an employer may “pick-up,” assume or pay the full amount of contributions which would otherwise have been made by an employee assisted under ORS 243.920 (Assisting employees to obtain supplemental benefits) , whether the employee agreed to make the contributions by payroll deduction, reduction in salary or the forgoing of a salary increase. [1989 c.799 §18]

Source: Section 243.935 — Employer assumption of full amount of employee contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 244.047 — OR Code / Title 22 / Chapter 244 / Section 244.047
244.047 Financial interest in public contract
Status: in_force

(1) As used in this section:

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

(b) “Public contract” has the meaning given that term in ORS 279A.010 (Definitions for Public Contracting Code) .

(2) Except as provided in subsection (4) of this section, a person who ceases to hold a position as a public official may not have a direct beneficial financial interest in a public contract described in subsection (3) of this section for two years after the date the contract was authorized.

(3) Subsection (2) of this section applies to a public contract that was authorized by:

(a) The person acting in the capacity of a public official; or

(b) A board, commission, council, bureau, committee or other governing body of a public body of which the person was a member when the contract was authorized.

(4) Subsection (2) of this section does not apply to a person who was a member of a board, commission, council, bureau, committee or other governing body of a public body when the contract was authorized, but who did not participate in the authorization of the contract. [2007 c.877 §23a; 2009 c.689 §4a]

Source: Section 244.047 — Financial interest in public contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 241.255 — OR Code / Title 22 / Chapter 241 / Section 241.255
241.255 Vacancies filled by promotion if practicable
Status: in_force

The commission shall by regulations provide that wherever practicable vacancies shall be filled by promotion.

Source: Section 241.255 — Vacancies filled by promotion if practicable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 242.580 — OR Code / Title 22 / Chapter 242 / Section 242.580
242.580 Probation
Status: in_force

Each person appointed to a vacant position shall be on probation for a period of one year from the date of hire. Within that time the person may be discharged and another candidate appointed in like manner. [Amended by 1979 c.738 §4]

Source: Section 242.580 — Probation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 243.319 — OR Code / Title 22 / Chapter 243 / Section 243.319
243.319 Written policy regarding workplace harassment
Status: in_force

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

(2) The policy must include:

(a) A statement prohibiting workplace harassment;

(b) Information explaining that a victim of workplace harassment has a right to seek redress through the employer’s internal process provided under ORS 243.321 (Written policies and procedures regarding investigation of report of workplace harassment) , through the Bureau of Labor and Industries’ complaint resolution process under ORS 659A.820 (Complaints) to 659A.865 (Retaliatory action prohibited) or under any other available law, whether civil or criminal, including:

(A) The timeline under which relief may be sought;

(B) Any available administrative or judicial remedies; and

(C) The advance notice of claim against a public body that a claimant must provide as required under ORS 30.275 (Notice of claim) ;

(c) A statement that a person who reports workplace harassment has the right to be protected from retaliation;

(d) A statement of the scope of the policy, including that the policy applies to elected public officials, volunteers and interns;

(e) An explanation that a victim of workplace harassment may voluntarily disclose information regarding an incident of workplace harassment that involves the victim;

(f) Information to connect a victim of workplace harassment with legal resources and counseling and support services, including any available employee assistance services;

(g) A statement that an employer may not require or coerce an employee to enter into a nondisclosure or nondisparagement agreement, including a description of the meaning of those terms;

(h) An explanation that an employee claiming to be aggrieved by workplace harassment may voluntarily request to enter into an agreement described in ORS 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) (2), including a statement that explains that the employee has at least seven days to revoke the agreement; and

(i) A statement that advises employers and employees to document any incidents of workplace harassment.

(3) A public employer shall provide a copy of the policies described in this section to each employee and shall include a copy of the policies in any orientation materials that are provided to new employees at the time of hire.

(4) If an employee discloses any concerns about workplace harassment to a supervisor of the employer, or to a designated individual as described in ORS 243.321 (Written policies and procedures regarding investigation of report of workplace harassment) (3), the supervisor or designated individual shall, at the time of the disclosure, provide to the employee a copy of the policy described in this section.

(5) A public employer shall provide to each person with whom the employer seeks to enter into an agreement, as described under ORS 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) (2), a copy of the policies described in this section in the language that the employer typically uses to communicate with the person.

(6) A policy established under this section must comply with the requirements for a written policy provided under ORS 659A.375 (Employer policies relating to prevention of discrimination and sexual assault) . [2019 c.463 §2; 2022 c.107 §7]

Note: See note under 243.317 (Definitions for ORS 243.317 to 243.323) .

Source: Section 243.319 — Written policy regarding workplace harassment; requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 244.218 — OR Code / Title 22 / Chapter 244 / Section 244.218
244.218 Quarterly filing of statements
Status: in_force

Statements required to be filed with the Oregon Government Ethics Commission under ORS 244.217 (Statement of contributions received and expenditures made) shall be filed in each calendar year:

(1) Not later than April 15, for the accounting period beginning January 1 and ending March 31;

(2) Not later than July 15, for the accounting period beginning April 1 and ending June 30;

(3) Not later than October 15, for the accounting period beginning July 1 and ending September 30; and

(4) Not later than January 15 of the following calendar year, for the accounting period beginning October 1 and ending December 31. [Formerly 244.105]

Note: 244.218 (Quarterly filing of statements) was added to and made a part of ORS chapter 244 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 244.218 — Quarterly filing of statements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 243.061 — OR Code / Title 22 / Chapter 243 / Section 243.061
243.061 Public Employees’ Benefit Board
Status: in_force

(1) There is created in the Oregon Health Authority the Public Employees’ Benefit Board consisting of at least eight voting members and two members of the Legislative Assembly as nonvoting advisory members. Two of the voting members are ex officio members and six are appointed by the Governor. The voting members shall be:

(a) Four members representing the state as an employer and management employees, who shall be as follows:

(A) The Director of the Oregon Health Authority or a designee of the director;

(B) The Director of the Health Policy and Analytics Division of the Oregon Health Authority or the director’s designee; and

(C) Two management employees appointed by the Governor from areas of state government other than the Oregon Health Authority; and

(b) Four members appointed by the Governor and representing nonmanagement representable employees, who shall be as follows:

(A) Two persons from the largest employee representative unit;

(B) One person from the second largest employee representative unit; and

(C) One person from representable employees not represented by employee representative units described in subparagraphs (A) and (B) of this paragraph.

(2) One member of the Senate shall be appointed by the President of the Senate and one member of the House of Representatives shall be appointed by the Speaker of the House to serve as nonvoting advisory members.

(3) Intentionally left blank —Ed.

(a) If the governing body of a local government elects to participate in a benefit plan offered by the board, in addition to the members appointed under subsections (1) and (2) of this section, the Governor shall appoint two voting members, one of whom represents local government management and one of whom represents local government nonmanagement employees.

(b) After the appointment of members under paragraph (a) of this subsection, if the number of eligible employees of a local government or local governments enrolled in a benefit plan or plans offered by the board exceeds 25,000, the Governor shall appoint two additional voting members, one of whom represents local government management and one of whom represents local government nonmanagement employees.

(c) After the appointment of members under paragraphs (a) and (b) of this subsection, for every additional 25,000 eligible employees of a local government or local governments enrolled in a benefit plan or plans offered by the board, the Governor shall appoint one additional voting member representing local government management and one additional voting member representing local government nonmanagement employees.

(4) A maximum of three members may be appointed to represent local government management and a maximum of three members may be appointed to represent local government nonmanagement employees.

(5) The term of office of each appointed voting member is four years, but an appointed voting member serves at the pleasure of the Governor. Before the expiration of the term of a voting member appointed by the Governor, the Governor shall appoint a successor to take office upon the date of that expiration. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(6) The appointments by the Governor of voting members of the board are subject to confirmation by the Senate in the manner prescribed in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) .

(7) Members of the board who are not members of the Legislative Assembly shall receive no compensation for their services, but shall be paid for their necessary and actual expenses while on official business in accordance with ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Members of the board who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072 (Salary of members and presiding officers) , payable from funds appropriated to the Legislative Assembly.

(8) As used in this section, “benefit plan” and “local government” have the meanings given those terms in ORS 243.105 (Definitions for ORS 243.105 to 243.285) . [1997 c.222 §1; 2011 c.720 §70; 2013 c.731 §1; 2017 c.384 §3]

Note: 243.061 (Public Employees’ Benefit Board) and 243.066 (Officers) 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 243.061 — Public Employees’ Benefit Board; members; term; confirmation; expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 241.115 — OR Code / Title 22 / Chapter 241 / Section 241.115
241.115 Notice by publication
Status: in_force

All publications required to be made pursuant to ORS 241.110 (Rules of commission) and elsewhere in ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) shall be made in a newspaper which is printed and published not less than once a day for at least six days of each week.

Source: Section 241.115 — Notice by publication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 238.220 — OR Code / Title 22 / Chapter 238 / Section 238.220
238.220 Employee rollover contributions
Status: in_force

(1) The Public Employees Retirement Board may, at its discretion, accept rollover contributions from an active member. The board may accept rollover contributions under this section only if the amounts contributed qualify for pretax rollover treatment under the federal income tax laws governing qualified retirement plans.

(2) If the board accepts a rollover contribution under this section, the contribution shall be paid into the Public Employees Retirement Fund and credited to an individual rollover account in the name of the member who made the contribution. The rollover account must be kept separate from the member account of the member and must be invested separately from all other moneys in the Public Employees Retirement Fund. All earnings on the rollover account shall be credited by the board to the rollover account. If the membership of the employee in the Public Employees Retirement System is terminated under the provisions of ORS 238.095 (Termination of membership) , the board shall cease investment of the amounts in the rollover account and, after the effective date of the termination, shall no longer credit earnings and losses to the rollover account.

(3) Except as provided in subsection (2) of this section, amounts in a rollover account established under this section shall be invested in the same manner as funds in regular accounts. However, ORS 238.255 (Credits to regular accounts when earnings less than assumed interest rate) does not apply to rollover accounts.

(4) Amounts held in a rollover account under this section shall be distributed to the member within 90 days after the member’s effective date of retirement under this chapter, or within 90 days after termination of the person’s membership in the system under ORS 238.095 (Termination of membership) .

(5) Distribution from a member’s rollover account shall be made in a single lump sum payment. Distribution from a member’s rollover account shall not affect the calculation of any other service or disability retirement allowance, death benefit or other benefit payable to a member under this chapter.

(6) The board shall adopt rules and establish procedures for determining whether a member will be allowed to make a rollover contribution under this section. Rules and procedures adopted by the board must ensure that the rollover contributions 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.

(7) The board shall by rule establish a maintenance fee for rollover accounts established under this section. The fee may be collected out of earnings on rollover accounts or, if there are no earnings, from the principal amounts paid into the rollover accounts. The fee shall be in an amount determined by the board to be adequate to pay the full cost to the system of maintaining rollover accounts under this section. [1999 c.988 §2; 2001 c.945 §45; 2003 c.67 §29]

Source: Section 238.220 — Employee rollover contributions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.766 — OR Code / Title 22 / Chapter 243 / Section 243.766
243.766 Board duties in administration of collective bargaining laws
Status: in_force

The Employment Relations Board shall:

(1) Establish procedures for, investigate and resolve any disputes concerning the designation of an appropriate bargaining unit.

(2) Establish procedures for, resolve disputes with respect to, and supervise the conduct of elections for the determination of employee representation.

(3) Conduct proceedings on complaints of unfair labor practices by employers, employees and labor organizations and take such actions with respect thereto as it deems necessary and proper.

(4) Petition the appropriate circuit court for enforcement of any order issued by the board pursuant to 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) .

(5) Hold such hearings and make such inquiries as it deems necessary to carry out properly its functions and powers, and for the purpose of such hearings and inquiries, administer oaths and affirmations, examine witnesses and documents and issue subpoenas.

(6) Conduct studies on problems relating to public employment relations and make recommendations with respect thereto to the legislative bodies; request information and data from state and county departments and agencies and labor organizations necessary to carry out its functions and responsibilities; make available to public employers, labor organizations, mediators, members of fact-finding boards, arbitrators and other concerned parties statistical data relating to wages, benefits, and employment practices in public and private employment to assist them in resolving issues in negotiation.

(7) Adopt rules relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with ORS chapter 183. [1973 c.536 §24]

Source: Section 243.766 — Board duties in administration of collective bargaining laws; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.148 — OR Code / Title 22 / Chapter 238 / Section 238.148
238.148 Credit for service as public safety officer in another state
Status: in_force

(1) A member of the Public Employees Retirement System who is a police officer is entitled to receive retirement credit as provided in subsection (2) of this section if:

(a) The member was employed as a public safety officer by another state, or political subdivision of another state, before being employed in a position that entitled the member to credit in the system; and

(b) The member makes the payment required by subsection (2) of this section within the time specified by that subsection.

(2) Except as provided in subsection (3) of this section, a member of the system employed as a police officer who meets the requirements of subsection (1) of this section is entitled to receive retirement credit for the period of the member’s service with another state, or political subdivision of another state, not to exceed a maximum of four years, if the member within 90 days of the member’s effective date of retirement:

(a) Applies in writing to the Public Employees Retirement Board for such retirement credit;

(b) Provides written verification to the board from the other state, or political subdivision of the other state, that employed the member, verifying the period of time that the member served as a public safety officer in the other state; and

(c) Pays to the board, in a lump sum, for each year of retirement credit applied for under this section, an amount determined by the board to represent the full cost to the system of providing the retirement credit to the member, including all administrative costs incurred by the system in processing the application for acquisition of the retirement credit.

(3) A member may not receive retirement credit under the provisions of this section for any period of service with another state, or political subdivision of another state, if the member is entitled to a pension or retirement allowance by reason of that service under a public plan or system offered by the other state or by a political subdivision of the other state.

(4) For the purposes of this section, “public safety officer” means a person who serves in a position with another state, or political subdivision of another state, that is the other state’s equivalent of a position described in ORS 238.005 (Definitions) (19). [2007 c.776 §2; 2011 c.9 §24; 2011 c.637 §72a]

Note: 238.148 (Credit for service as public safety officer in another state) was added to and made a part of ORS chapter 238 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 238.148 — Credit for service as public safety officer in another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238a.025 — OR Code / Title 22 / Chapter 238a / Section 238a.025
238A.025 Oregon Public Service Retirement Plan established
Status: in_force

(1) The Oregon Public Service Retirement Plan is established. The purpose of the Oregon Public Service Retirement Plan is to provide career public employees with a secure and fair retirement income at an affordable, stable and predictable cost to the taxpayers. The Oregon Public Service Retirement Plan is composed of a pension program and an individual account program. The pension program and the individual account program are separate accounts for purposes of federal income tax qualification, and the assets of each program must be held as part of the trust established by ORS 238.660 (Fund generally) for the exclusive benefit of the participants and beneficiaries. It is the intent of the Legislative Assembly that pursuant to section 414(k) of the Internal Revenue Code the individual account program be established and maintained as a tax-qualified defined contribution governmental plan for the purposes of sections 72(d) and 415 of the Internal Revenue Code. The Public Employees Retirement Board may create separate accounts within the Public Employees Retirement Fund for the pension program and the individual account program.

(2) Notwithstanding any provision of ORS chapter 238, any person who is employed by a participating public employer on or after August 29, 2003, and who has not established membership in the Public Employees Retirement System before August 29, 2003, is entitled to receive only the benefits provided under the Oregon Public Service Retirement Plan for periods of service with participating public employers on and after August 29, 2003, and has no right or claim to any benefit under ORS chapter 238 except as specifically provided by this chapter.

(3) Any person who is a member of the Public Employees Retirement System on August 28, 2003, is entitled to receive the benefits provided by ORS chapter 238 for all service performed before, on and after August 29, 2003, unless the person’s membership in the system is subsequently terminated under ORS 238.095 (Termination of membership) . If the person’s membership in the system is terminated under ORS 238.095 (Termination of membership) on or after August 29, 2003, the person is entitled to receive the benefits provided under the Oregon Public Service Retirement Plan for periods of service with participating public employers after the termination of membership.

(4) A person establishes membership in the system before August 29, 2003, for the purposes of this section if:

(a) The person is a member of the system, or a judge member of the system, on August 28, 2003; or

(b) The person performed any period of service for a participating public employer before August 29, 2003, 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.

(5) Except as provided in this chapter, ORS chapter 238 does not apply to the Oregon Public Service Retirement Plan.

(6) The provisions of this section do not apply to a person elected or appointed as a judge as defined in ORS 238.500 (Definitions for ORS 238.500 to 238.585) . [2003 c.733 §2; 2005 c.332 §6; 2005 c.808 §9; 2007 c.624 §1; 2007 c.769 §1a]

Source: Section 238A.025 — Oregon Public Service Retirement Plan established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 241.004 — OR Code / Title 22 / Chapter 241 / Section 241.004
241.004 ORS 241.002 to 241.009 not exclusive method for approval of system
Status: in_force

ORS 241.002 (Creating or changing county civil service by election) to 241.009 (Initiative or referendum) shall not be construed to be an exclusive method by which counties may approve a system of civil service for county employees. [1959 c.315 §6; 1983 c.350 §58]

Source: Section 241.004 — ORS 241.002 to 241.009 not exclusive method for approval of system , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 243.812 — OR Code / Title 22 / Chapter 243 / Section 243.812
243.812 Commission on Statewide Law Enforcement Standards of Conduct and Discipline
Status: in_force

(1) The Commission on Statewide Law Enforcement Standards of Conduct and Discipline is established for the purpose of adopting rules that prescribe uniform:

(a) Standards of conduct, including guidelines and procedures, to which law enforcement officers shall adhere; and

(b) Disciplinary standards and procedures, including a range of disciplinary actions that may include consideration of aggravating or mitigating circumstances, by which a law enforcement agency, a civilian or community oversight board, agency or review body, and an arbitrator who serves in an arbitration proceeding described under ORS 243.706 (Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process) (3) shall make determinations regarding alleged misconduct by a law enforcement officer, and shall make recommendations for and impose disciplinary action in response to such determinations.

(2) The commission consists of 15 members as follows:

(a) The Director of the Department of Public Safety Standards and Training or a designee from the department.

(b) The Attorney General or a designee from the Attorney General’s office.

(c) The President of the Senate shall appoint one nonvoting member, acting in an advisory capacity only, from among members of the Senate.

(d) The Speaker of the House of Representatives shall appoint one nonvoting member, acting in an advisory capacity only, from among members of the House of Representatives.

(e) The Attorney General shall appoint 11 members of the commission consistent with the following:

(A) Two members who are chief law enforcement officers.

(B) Two members who represent labor organizations who represent law enforcement officers.

(C) Two members who represent historically marginalized groups or community-based organizations that represent communities impacted by policing.

(D) One member who represents a federally recognized Indian tribe or association of tribes within this state.

(E) Two members who are representatives of local government to represent the interests of cities and counties.

(F) One member who represents public defender organizations established under ORS chapter 151 or the Oregon Criminal Defense Lawyers Association.

(G) One member who represents the interests of prosecutors in this state.

(3) At a minimum, the uniform standards described under subsection (1) of this section must address standards of conduct and discipline regarding:

(a) Unjustified or excessive use of physical or deadly force;

(b) Sexual harassment;

(c) Sexual assault;

(d) Assault;

(e) Conduct that is motivated by or based on a real or perceived factor of an individual’s race, ethnicity, national origin, sex, gender identity, sexual orientation, religion or homelessness;

(f) Moral character; and

(g) The use of drugs or alcohol while on duty.

(4) The commission shall review the standards described under subsection (1) of this section at least once every two years.

(5) The meetings of the commission shall be open to the public in accordance with state law. Records of the commission shall be open and available to the public in accordance with state law.

(6) The commission shall establish and implement an open hearing process for public input and deliberation before the commission adopts rules that establish the standards described under subsection (1) of this section, including:

(a) Public notice pursuant to ORS chapter 183;

(b) Public outreach to solicit broad public participation; and

(c) Public hearings to receive public comment.

(7) A majority of the voting members of the commission constitutes a quorum for the transaction of business.

(8) Official action by the commission requires the approval of a majority of the voting members of the commission.

(9) The term of a member appointed under subsection (2)(e) of this section shall be two years. If there is a vacancy on the commission for any reason, the Attorney General shall appoint a person to the unexpired term.

(10) The Attorney General or a designee from the Attorney General’s office shall serve as the chairperson of the commission who shall preside over meetings and execute the duties determined by the commission to be necessary.

(11) The commission may hire an executive director and support staff, and may enter into an interagency or intergovernmental agreement to have another state agency or governmental agency provide support staff.

(12) The commission may adopt rules necessary for the operation of the commission.

(13) A member of the commission who is not a member of the Legislative Assembly is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(14) The commission shall prepare and submit an annual report in the manner provided by ORS 192.245 (Form of report to legislature) to the House Committee on Judiciary or an interim committee of the Legislative Assembly related to the judiciary no later than September 1 of each year. The commission shall include in its annual report information regarding the progress of each law enforcement agency and civilian or community oversight board, agency or review body, towards implementing and applying the uniform standards and the commission’s recommendations on updates to the standards, as are considered necessary.

(15) As used in this section:

(a) “Assault” has the meaning given that term in ORS 163.115 (Murder in the second degree) .

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

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

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

(c) “Law enforcement agency” means an entity that employs law enforcement officers.

(d) “Law enforcement officer” means corrections officers, parole and probation officers, police officers, certified reserve officers and reserve officers, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(e) “Sexual assault” has the meaning given that term in ORS 243.317 (Definitions for ORS 243.317 to 243.323) . [2021 c.541 §4; 2022 c.40 §1; 2023 c.191 §1]

Note: 243.812 (Commission on Statewide Law Enforcement Standards of Conduct and Discipline) 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 243.812 — Commission on Statewide Law Enforcement Standards of Conduct and Discipline; duties; members; establishment of standards; open hearings; reporting; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 241.440 — OR Code / Title 22 / Chapter 241 / Section 241.440
241.440 Investigation of dismissal
Status: in_force

A dismissed employee may, within 10 days from the time of dismissal, file with the commission a written demand for an investigation. If the demand alleges, or if it otherwise appears to the commission, that the dismissal was made for political or religious reasons, or because of reasons of age as described in ORS chapter 659A, or was not made in good faith for cause, the commission shall conduct an investigation. The investigation shall be confined to the determination of the question of whether the dismissal was or was not made for political or religious reasons or because of reasons of age as described in ORS chapter 659A and was or was not made in good faith for cause. The burden of proof shall be upon the dismissed person. [Amended by 1959 c.689 §8; 1977 c.770 §7; 2001 c.621 §72]

Source: Section 241.440 — Investigation of dismissal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 241.006 — OR Code / Title 22 / Chapter 241 / Section 241.006
241.006 Submitting proposals relating to county civil service
Status: in_force

At any general election, if a county does not have in operation a system of civil service for all county employees or if an existing system of civil service for all county employees is to be amended or substituted for by another system, there may be submitted to the electors of the county a proposal:

(1) To make ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) , providing a system of civil service under which county employees shall be employed, applicable to such county;

(2) To make 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) , providing a system of civil service under which certain political subdivisions shall employ firefighters, applicable to such county for all county employees;

(3) That provides a system of civil service which substantially accomplishes the general purposes of ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) or 242.702 (Definitions for ORS 242.702 to 242.824) to 242.824 (Contribution to political or religious funds or performance of political service) , including methods of recruitment and promotion of county employees by competitive examinations and provisions for job tenure for county employees; or

(4) That amends an existing system of civil service previously approved by the electors under subsection (3) of this section. [1959 c.315 §3; 1983 c.350 §59; 1991 c.67 §60]

Source: Section 241.006 — Submitting proposals relating to county civil service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 238a.375 — OR Code / Title 22 / Chapter 238a / Section 238a.375
238A.375 Distribution of accounts to inactive member
Status: in_force

(1) Intentionally left blank —Ed.

(a) An inactive member of the individual account program may elect to receive a distribution of the amounts in the member’s employee account, rollover account, employer account and employee pension stability account to the extent the member is vested in those accounts under ORS 238A.320 (Vesting) if the inactive member:

(A) Has a bona fide separation from all service with participating public employers;

(B) Is not employed with, or has a bona fide separation from, all 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; and

(C) Has not attained earliest retirement age.

(b) The board shall deny the distribution, or take all steps necessary to recover distributed amounts, if the board determines that the member’s separation is not a bona fide separation.

(2) If an inactive member of the individual account program who is not vested in the employer account receives a distribution under subsection (1) of this section, the employer account of the member is permanently forfeited as of the date of the distribution.

(3) A member may not make an election under this section for less than all of the member’s individual accounts described in ORS 238A.350 (Individual accounts established) , and the member’s employee pension stability account described in ORS 238A.353 (Employee pension stability accounts established) , in which the member is vested.

(4) A member who is also a member of the pension program established under this chapter and who withdraws the member’s accounts under this section cancels all membership rights in the system.

(5) A member who has a member account established under ORS chapter 238 may make an election under this section only if the member also withdraws that member account in the manner provided by ORS 238.265 (Withdrawal of member account) . A member who has an account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters) may make an election under this section only if the member also withdraws the account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters) .

(6) If an inactive member receives a distribution under subsection (1) of this section and is subsequently reemployed by a participating public employer, any service performed before the date the member became an inactive member may not be used toward the period of service required for vesting in the employer account under ORS 238A.320 (Vesting) . [2003 c.733 §40; 2005 c.152 §3; 2007 c.52 §3; 2019 c.355 §8; 2021 c.135 §5]

Source: Section 238A.375 — Distribution of accounts to inactive member , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 238.515 — OR Code / Title 22 / Chapter 238 / Section 238.515
238.515 Contributions
Status: in_force

(1) Intentionally left blank —Ed.

(a) Each judge member shall contribute monthly to the Public Employees Retirement Fund seven percent of the monthly salary of the judge member. The contributions of a judge member and earnings on the contributions shall be credited to the member account of the judge member.

(b) The state shall pick-up, assume or pay the full amount of contributions to the fund required of judge members. The full amount of required judge member contributions picked-up, assumed or paid by the state on behalf of judge members shall be considered salary only for the purpose of computing a judge member’s final average salary within the meaning of ORS 238.535 (Service retirement allowance) (2) and not for any other purpose. The full amount of required judge member contributions picked-up, assumed or paid by the state on behalf of judge members shall be added to the member account of the judge members and shall be considered judge member contributions for all other purposes of ORS 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) .

(2) The state shall make employer contributions to the fund in respect to judge members as provided in ORS 238.225 (Employer contributions) . Notwithstanding ORS 238.227 (Pooling of employers for purpose of computing employer contributions) , for the purposes of actuarial computation and contributions of the state under ORS 238.225 (Employer contributions) , judge members shall be considered a separate group of employees. [Formerly 237.217; 2001 c.945 §59; 2005 c.808 §25]

Source: Section 238.515 — Contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.252 — OR Code / Title 22 / Chapter 243 / Section 243.252
243.252 Payment of cost for employees or retirees
Status: in_force

(1) The state may pay none of the cost of making health benefit plan coverage available to a retired state employee who is an eligible employee and to family members or may agree, by collective bargaining agreement or otherwise, to pay part or all of that cost.

(2) Nothing in subsection (1) of this section or other law, except ORS 243.886 (Limitations on district participation in benefit plans) , prohibits a collective bargaining unit from agreeing with an employer that is a public body, as defined in ORS 174.109 (“Public body” defined) , to establish a retiree medical trust, voluntary employees’ beneficiary association, health reimbursement arrangement or other agreement for health care expenses of employees or retirees if the provisions of the trust, association, arrangement or other agreement comply with the requirements of the Insurance Code. [1985 c.224 §7; 2009 c.467 §1]

Source: Section 243.252 — Payment of cost for employees or retirees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.327 — OR Code / Title 22 / Chapter 243 / Section 243.327
243.327 Training program for personnel who conduct internal investigations of workplace discrimination and harassment
Status: in_force

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

(2) At a minimum, the training program must provide instruction that:

(a) Ensures consistency in the investigative processes that are conducted by state agency personnel to reduce the financial and organizational risks associated with the mishandling of, or delays in, workplace discrimination and harassment investigations concerning employees of state agencies;

(b) Provides specialized training in legal requirements, investigation planning, confidentiality, interviewing skills and report writing, as relevant within the context of workplace discrimination and harassment investigations concerning employees of state agencies; and

(c) Prepares investigators to conduct internal investigations regarding workplace discrimination and harassment concerning employees of state agencies efficiently and accurately. [2023 c.160 §2]

Note: See note under 243.326 (State agencies to use information systems to track internal investigations of workplace discrimination and harassment) .

Source: Section 243.327 — Training program for personnel who conduct internal investigations of workplace discrimination and harassment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.492 — OR Code / Title 22 / Chapter 238 / Section 238.492
238.492 Rules for administration of fund
Status: in_force

The Public Employees Retirement Board may adopt rules for the administration of ORS 238.485 (Fund established) , 238.488 (Payment of benefits) and 238.490 (Administrative expenses) . In adopting rules under this section, the board shall consider and take into account all federal law requirements relating to deferred compensation plans, including the requirements imposed for the deferral of income tax on deferred compensation benefits until those benefits are paid or made available to the recipient. [1997 c.201 §5]

Note: 238.492 (Rules for administration of fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 238 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 238.492 — Rules for administration of fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.538 — OR Code / Title 22 / Chapter 238 / Section 238.538
238.538 Health benefit plans for certain retired judge members
Status: in_force

(1) A judge member who elects to retire under ORS 238.535 (Service retirement allowance) (1)(b):

(a) Shall continue to be eligible as a nonretired employee for health benefit plans contracted for under ORS 243.135 (Health benefit plans for eligible employees) during the time that the judge member is serving as a pro tem judge under ORS 238.535 (Service retirement allowance) (1)(c); and

(b) Subject to availability of funding, shall continue to receive the monthly state contribution as payment of all or part of the cost of a health benefit plan during the time that the judge member is serving as a pro tem judge under ORS 238.535 (Service retirement allowance) (1)(c).

(2) A judge member receiving the monthly state contribution as payment of all or part of the cost of a health benefit plan under this section is not eligible for payments against the cost of Medicare supplemental insurance under ORS 238.420 (Payment toward cost of Medicare supplemental insurance) until such time as the judge member is no longer serving as a pro tem judge under ORS 238.535 (Service retirement allowance) (1)(c). [2001 c.823 §6]

Source: Section 238.538 — Health benefit plans for certain retired judge members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.662 — OR Code / Title 22 / Chapter 243 / Section 243.662
243.662 Rights of public employees to join labor organizations
Status: in_force

Public employees have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with their public employer on matters concerning employment relations. [Formerly 243.730]

Source: Section 243.662 — Rights of public employees to join labor organizations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.140 — OR Code / Title 22 / Chapter 243 / Section 243.140
243.140 Health benefit and dental plans for persons operating foster homes
Status: in_force

(1) Persons whose homes are certified as a foster home by the Department of Human Services under ORS 418.630 (Foster home must be certified as approved) and as defined in ORS 418.625 (Definitions for ORS 418.625 to 418.645) (3) may participate in a health benefit plan available to employees pursuant to ORS 243.105 (Definitions for ORS 243.105 to 243.285) to 243.285 (Salary deductions) at the expense of the foster parent. For such purposes, foster parents shall be considered eligible employees.

(2) A person who maintains a developmental disability child foster home that is certified by the department under ORS 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required) may participate in a health benefit plan available to employees pursuant to ORS 243.105 (Definitions for ORS 243.105 to 243.285) to 243.285 (Salary deductions) at the expense of the person. For such purposes, the person maintaining the home shall be considered an eligible employee.

(3) Persons who participate in the health benefit plan pursuant to subsections (1) and (2) of this section may also participate in a dental plan available to employees pursuant to ORS 243.105 (Definitions for ORS 243.105 to 243.285) to 243.285 (Salary deductions) at the expense of the foster parent or the person maintaining the developmental disability child foster home. [1989 c.550 §3; 1991 c.578 §1; 1997 c.222 §31; 1999 c.316 §8; 2001 c.900 §239; 2013 c.731 §5]

Note: 243.140 (Health benefit and dental plans for persons operating foster homes) 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 243.140 — Health benefit and dental plans for persons operating foster homes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 240.551 — OR Code / Title 22 / Chapter 240 / Section 240.551
240.551 Working hours, holidays, leaves of absence and vacations of employees in state classified service
Status: in_force

The Personnel Division shall establish the hours of work, holidays, leaves of absence with and without pay and vacations of employees in the state classified service. The division may delegate this responsibility to individual operating agencies where appropriate. [1979 c.468 §21]

Source: Section 240.551 — Working hours, holidays, leaves of absence and vacations of employees in state classified service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 240.165 — OR Code / Title 22 / Chapter 240 / Section 240.165
240.165 Cost of operating Personnel Division divided among various agencies of state government
Status: in_force

(1) The administrative expenses and costs of operating the Personnel Division shall be paid by the various divisions of the service in the state government. To establish an equitable division of the costs, the amount to be paid by each division of the service shall be determined in such proportion as the service rendered to each division of the service bears to the total service rendered by the Personnel Division.

(2) The Personnel Division, at such times as its administrator deems proper, shall estimate in advance the expenses that will be incurred during a given period of not to exceed six months and, upon approval by the Director of the Oregon Department of Administrative Services, the division shall render to each division of the service affected thereby an invoice for its pro rata share of such expenses. Each division of the service shall pay such invoice as an administrative expense of that division of the service from funds or appropriations available to that division of the service in the same manner as other claims against the state are paid. If the estimated expenses in the case of any division of the service are more or less than the actual expenses, the difference shall be reflected in the next following estimate of expenses and invoice for that division of the service. [Amended by 1969 c.80 §46; 1969 c.489 §6]

Source: Section 240.165 — Cost of operating Personnel Division divided among various agencies of state government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 244.290 — OR Code / Title 22 / Chapter 244 / Section 244.290
244.290 General duties of commission
Status: repealed

(1) The Oregon Government Ethics Commission shall:

(a) Prescribe forms for statements required by this chapter and provide the forms to persons required to file the statements under this chapter or pursuant to a resolution adopted under ORS 244.160 (Filing of statement of economic interest by public official of political subdivision other than city or county) .

(b) Develop a filing, coding and cross-indexing system consistent with the purposes of this chapter.

(c) Prepare and publish reports the commission finds are necessary.

(d) Accept and file any information voluntarily supplied that exceeds the requirements of this chapter.

(e) Make statements and other information filed with the commission available for public inspection and copying during regular office hours, and make copying facilities available at a charge not to exceed actual cost.

(f) Not later than February 1 of each odd-numbered year, report to the Legislative Assembly any recommended changes to provisions of ORS 171.725 (Definitions for ORS 171.725 to 171.785) to 171.785 (Sanctions prescribed by either chamber of Legislative Assembly) or this chapter.

(2) The commission shall adopt rules necessary to carry out its duties under ORS 171.725 (Definitions for ORS 171.725 to 171.785) to 171.785 (Sanctions prescribed by either chamber of Legislative Assembly) , 171.992 (Civil penalty for violation of lobby regulation) and 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) and this chapter, including rules to:

(a) Create a procedure under which items before the commission may be treated under a consent calendar and voted on as a single item;

(b) Exempt a public official who is otherwise required to file a statement pursuant to ORS 244.050 (Persons required to file statement of economic interest) from filing the statement if the regularity, number and frequency of the meetings and actions of the body over which the public official has jurisdiction are so few or infrequent as not to warrant the public disclosure;

(c) Establish an administrative process whereby a person subpoenaed by the commission may obtain a protective order;

(d) List criteria and establish a process for the commission to use prosecutorial discretion to decide whether to proceed with an inquiry or investigation;

(e) Establish a procedure under which the commission shall conduct accuracy audits of a sample of reports or statements filed with the commission under this chapter or ORS 171.725 (Definitions for ORS 171.725 to 171.785) to 171.785 (Sanctions prescribed by either chamber of Legislative Assembly) ;

(f) Describe the application of provisions exempting items from the definition of “gift” in ORS 244.020 (Definitions) ;

(g) Specify when a continuing violation is considered a single violation or a separate and distinct violation for each day the violation occurs; and

(h) Set criteria for determining the amount of civil penalties that the commission may impose.

(3) The commission may adopt rules that:

(a) Limit the minimum size of, or otherwise establish criteria for or identify, the smaller classes that qualify under the class exception from the definition of “potential conflict of interest” under ORS 244.020 (Definitions) ;

(b) Require the disclosure and reporting of gifts or other compensation made to or received by a public official or candidate;

(c) Establish criteria for cases in which information relating to notices of actual or potential conflicts of interest shall, may not or may be provided to the commission under ORS 244.130 (Recording of notice of conflict) ; or

(d) Allow the commission to accept the filing of a statement containing less than all of the information required under ORS 244.060 (Form of statement of economic interest) and 244.070 (Additional statement of economic interest) if the public official or candidate certifies on the statement that the information contained on the statement previously filed is unchanged or certifies only as to any changed material.

(4) Not less frequently than once each calendar year, the commission shall:

(a) Consider adoption of rules the commission deems necessary to implement or interpret provisions of this chapter relating to issues the commission determines are of general interest to public officials or candidates or that are addressed by the commission or by commission staff on a recurring basis; and

(b) Review rules previously adopted by the commission to determine whether the rules have continuing applicability or whether the rules should be amended or repealed.

(5) The commission shall adopt by rule an electronic filing system under which statements required to be filed under ORS 244.050 (Persons required to file statement of economic interest) and 244.217 (Statement of contributions received and expenditures made) must be filed, without a fee, with the commission in an electronic format.

(6) The commission shall make available in a searchable format for review by the public using the Internet:

(a) Statements filed under ORS 244.050 (Persons required to file statement of economic interest) and 244.217 (Statement of contributions received and expenditures made) ;

(b) Advisory opinions issued by the commission or the executive director of the commission;

(c) Findings issued by the commission under ORS 244.260 (Complaint and adjudicatory process) in instances where the commission determines that there has been a violation of a provision of this chapter or ORS 192.660 (Executive sessions permitted on certain matters) or any rule adopted by the commission under this chapter. Nothing in this paragraph requires the commission to make publicly available materials that are otherwise exempt from public disclosure or that are required to be kept confidential by the commission; and

(d) Lobbyist registration statements and revisions and updates to lobbyist registration statements filed under ORS 171.740 (Lobbyist registration) . The information required under this paragraph must be available in a searchable format for review by the public using the Internet not later than one calendar day after the lobbyist files the information with the commission. [1974 c.72 §17; 1987 c.566 §20; 1993 c.743 §23; 2007 c.865 §3; 2007 c.877 §§9c,9d; 2009 c.68 §§13,14; 2015 c.619 §3; 2015 c.666 §§1,2; 2016 c.101 §1; 2019 c.13 §37; 2023 c.68 §3; 2023 c.417 §11]

Source: Section 244.290 — General duties of commission; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 238.162 — OR Code / Title 22 / Chapter 238 / Section 238.162
238.162 Retirement credit for service as teacher in public schools of another state
Status: in_force

(1) A member of the Public Employees Retirement System who is a teacher as described in subsection (3) of this section is entitled to receive retirement credit as provided in subsection (2) of this section if:

(a) The member was employed as a teacher in a public school in another state before being employed in a position that entitled the member to credit in the system; and

(b) The member makes the payment required by subsection (2) of this section within the time specified by that subsection.

(2) Except as provided in subsection (4) of this section, a member of the system employed as a teacher as described in subsection (3) of this section and who meets the requirements of subsection (1) of this section is entitled to receive retirement credit for the period of the member’s service with a public school in another state, not to exceed a maximum of four years, if the member within 90 days of the member’s effective date of retirement:

(a) Applies in writing to the Public Employees Retirement Board for such retirement credit;

(b) Provides written verification to the board from the public employer that employed the member in the other state, verifying the period of time that the member served as a teacher in a public school in the other state; and

(c) Pays to the board, in a lump sum, for each year of retirement credit applied for under this section, an amount determined by the board to represent the full cost to the system of providing the retirement credit to the member, including all administrative costs incurred by the system in processing the application for acquisition of the retirement credit.

(3) The provisions of this section apply only to a licensed teacher, as defined in ORS 342.120 (Definitions for chapter) , who is employed by a common school district, a union high school district or an education service district.

(4) A member may not receive retirement credit under the provisions of this section for any period of service with a public school in another state if the member is entitled to a pension or retirement allowance by reason of that service under a public plan or system offered by the other state. [1997 c.742 §2; 2003 c.105 §3]

Source: Section 238.162 — Retirement credit for service as teacher in public schools of another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.692 — OR Code / Title 22 / Chapter 238 / Section 238.692
238.692 Definitions for ORS 238.692 to 238.698
Status: in_force

As used in ORS 238.692 (Definitions for ORS 238.692 to 238.698) to 238.698 (Funds diversion agreement) :

(1) “Pension liability” means:

(a) Monetary obligations of a participating public employer for which the employer is or will be required to transmit amounts to the Public Employees Retirement Board under the provisions of ORS 238.225 (Employer contributions) , including any obligations arising out of an integration contract under ORS 238.680 (Integration of other retirement systems) , or any other liability of a public body that is attributable to an obligation to pay pensions or other retirement benefits to officers or employees of the public body, whether active or retired; and

(b) Monetary obligations of a public employer arising out of an integration contract under ORS 238.680 (Integration of other retirement systems) for which the employer is required to transmit amounts to the Public Employees Retirement Board.

(2) “Public body” has the meaning given that term in ORS 287A.001 (Definitions for ORS chapter 287A) .

(3) “State agency” means any officer, board, commission, department, division or institution in the administrative branch of state government. [2001 c.945 §23; 2007 c.783 §77]

Source: Section 238.692 — Definitions for ORS 238.692 to 238.698 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.601 — OR Code / Title 22 / Chapter 238 / Section 238.601
238.601 Legislative findings and intent
Status: in_force

The Legislative Assembly finds that the maintenance of a solid, affordable public employees retirement plan is essential to providing effective, efficient services to the citizens of Oregon by allowing the state and political subdivisions of the state to hire and retain employees who are committed to providing those services. It is the intent of the Legislative Assembly that the Public Employees Retirement Board, in performing its duties as trustee of the Public Employees Retirement Fund, recognize that the continued stability and viability of the Public Employees Retirement System depends on the ability of public employers and taxpayers to pay the costs of the system. Consistent with this intent, the board shall administer the system to create and maintain long-term stability and viability in the system, and shall act to achieve full funding for the benefits provided by the system, giving equal consideration to the interests of the public employer and the employee to the extent that treatment does not violate the fiduciary duties of the board. Nothing in this section shall be construed to impose a fiduciary duty on the board to consider the interests of public employers, and the board shall consider the interests of public employers only with respect to matters unrelated to the board’s fiduciary duties as trustee of the fund. [2001 c.945 §2]

Source: Section 238.601 — Legislative findings and intent; administration of system , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238a.410 — OR Code / Title 22 / Chapter 238a / Section 238a.410
238A.410 Death benefits
Status: in_force

(1) Intentionally left blank —Ed.

(a) If a member of the individual account program dies before retirement, the amounts in the member’s employee account, rollover account and employer account, to the extent the member is vested in those accounts under ORS 238A.320 (Vesting) , shall be paid in a lump sum to the beneficiary or beneficiaries designated by the member for the purposes of this section.

(b) If a member of the individual account program dies before retirement, the amounts in the employee pension stability account established for the member under ORS 238A.353 (Employee pension stability accounts established) shall be applied by the Public Employees Retirement Board to pay the costs of any benefit payable under ORS 238.395 (Additional death benefit) or 238A.230 (Death benefit) that accrues on or after July 1, 2020. If the amounts in the employee pension stability account exceed the costs of the benefit payable under ORS 238.395 (Additional death benefit) or 238A.230 (Death benefit) that accrues on or after July 1, 2020, the excess amounts shall be paid in a lump sum to the beneficiary or beneficiaries designated by the member for the purposes of this section.

(2) If a member of the individual account program is married at the time of death, or there exists at the time of death any other person who is constitutionally required to be treated in the same manner as a spouse for the purpose of retirement benefits, the spouse or other person shall be the beneficiary for purposes of the death benefit payable under this section unless the spouse or other person consents to the designation of a different beneficiary or beneficiaries before the designation has been made and the consent has not been revoked by the spouse or other person as of the time of the member’s death. Consent and revocation of consent must be in writing, acknowledged by a notary public, and submitted to the Public Employees Retirement Board in accordance with rules adopted by the board. If the member’s spouse is designated as the member’s beneficiary and the marriage of the member and spouse is subsequently dissolved, the former spouse shall be treated as predeceasing the member for purposes of this section, unless the member expressly designates the former spouse as beneficiary after the effective date of the dissolution or the former spouse is required to be designated as a beneficiary under the provisions of ORS 238.465 (Benefits payable to others under certain judgments) .

(3) For purposes of this section and ORS 238A.400 (Payment of accounts at retirement) (3), if a member fails to designate a beneficiary, or if the person or persons designated do not survive the member, the death benefit provided for in this section shall be paid to the following person or persons, in the following order of priority:

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

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

(c) The member’s estate.

(4) If a small estate affidavit has been filed under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) , and the death benefit does not exceed the maximum amount of personal property for which a small estate affidavit may be filed under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) , the board shall pay the death benefit to the person who filed the affidavit, if the member’s estate is the designated beneficiary or is receiving the payment under subsection (3) of this section.

(5) The entire amount of a deceased member’s vested accounts must be distributed by December 31 of the fifth calendar year after the year in which the member died. Notwithstanding any other provision of this chapter, distributions of death benefits under the individual account program must comply with the minimum distribution requirements of 26 U.S.C. 401(a)(9) and the regulations implementing that section, as in effect on January 1, 2023. The Public Employees Retirement Board shall adopt rules implementing those minimum distribution requirements. [2003 c.733 §42; 2009 c.5 §8; 2009 c.909 §8; 2010 c.82 §8; 2011 c.7 §8; 2012 c.31 §8; 2013 c.377 §8; 2014 c.52 §8; 2015 c.442 §8; 2016 c.33 §9; 2017 c.527 §9; 2018 c.101 §9; 2019 c.319 §9; 2019 c.355 §9; 2021 456 §10; 2022 c.83 §10; 2023 c.171 §10; 2023 c.404 §12]

Source: Section 238A.410 — Death benefits; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 241.435 — OR Code / Title 22 / Chapter 241 / Section 241.435
241.435 Necessity of a hearing prior to dismissal
Status: in_force

Employees may be dismissed without a previous hearing except that persons who have been employed in the county public service continuously for five or more years shall be dismissed only after a hearing before the accusing authority.

Source: Section 241.435 — Necessity of a hearing prior to dismissal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 238.088 — OR Code / Title 22 / Chapter 238 / Section 238.088
238.088 Appointment or election of retired member to public office
Status: in_force

(1) Except as provided in subsection (2) of this section, a person who is elected to a full-time salaried office of the state or one of the participating political subdivisions thereof, or who is appointed to a full-time salaried office having a term fixed by statute or charter, whether or not the person has been retired, does not forfeit any rights accrued or accruing to the person under this chapter. However, for the period that such person holds such office the person is not entitled to any pension or annuity provided by this chapter. Upon ceasing to hold such office, benefits shall be computed or recomputed by the Public Employees Retirement Board on the basis of age then attained.

(2) If a person is elected or appointed to the office of sheriff or county judge or commissioner in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census, and the person does not elect to become an active member of the system under ORS 238.015 (Membership generally) (5), the person shall continue to be a retired member and to receive retirement benefits for as long as the person holds the office.

(3) Subsection (2) of this section does not apply to any member who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1), (2) or (3). [Formerly 237.133; 2003 c.625 §35a; 2005 c.152 §7; 2005 c.808 §41; 2007 c.404 §5]

Source: Section 238.088 — Appointment or election of retired member to public office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.882 — OR Code / Title 22 / Chapter 243 / Section 243.882
243.882 Monthly participation assessment
Status: in_force

Subject to legislative budgetary authorization for operation of the Oregon Educators Benefit Board and the board’s administration of benefit plans and other duties under ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans) , an amount not to exceed two percent of the monthly employer and employee contributions for benefit plans shall be forwarded by each participating district and local government to the board and deposited by the board in the State Treasury to the credit of the Oregon Educators Benefit Account to meet the board’s administrative and other costs authorized by ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans) . The board shall ensure that the balance in the account does not exceed five percent of the monthly total of employer and employee contributions for more than 120 days. [2007 c.7 §12; 2013 c.731 §22]

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

Source: Section 243.882 — Monthly participation assessment; purposes; maximum account balance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.205 — OR Code / Title 22 / Chapter 238 / Section 238.205
238.205 Payment of employee contribution by employer
Status: in_force

Notwithstanding any other provision of this chapter, and subject to the provisions of this section, a public employer participating in the system may agree, by a written employment policy or agreement in effect on or after July 1, 1979, to “pick-up,” assume or pay the full amount of employee contributions required or permitted by ORS 238.200 (Employee contributions generally) for all or less than all active members of the system employed by the employer to the extent employee contributions are required or permitted by ORS 238.200 (Employee contributions generally) . If a public employer so agrees:

(1) The rate of contribution of each active member of the system employed by the employer who is covered by such policy or agreement shall uniformly be six percent of salary regardless of the amount of monthly salary.

(2) The full amount of required employee contributions assumed or paid by the employer on behalf of its employees shall be considered “salary,” as defined in ORS 238.005 (Definitions) , only for the purpose of computing a member’s “final average salary,” as defined in ORS 238.005 (Definitions) , and shall not constitute additional “salary” or “other advantages,” as defined in ORS 238.005 (Definitions) , for any other purpose.

(3) The full amount of required employee contributions “picked-up” by the employer on behalf of its employees shall be considered “salary,” as defined in ORS 238.005 (Definitions) , for the purpose of calculating the amount of the contribution, for the purpose of computing a member’s “final average salary,” as defined in ORS 238.005 (Definitions) , and for all other purposes.

(4) The full amount of required employee contributions “picked-up,” assumed or paid by the employer on behalf of its employees shall be added to the member accounts of the members for their annuities and shall be considered employee contributions for all other purposes of this chapter.

(5) For the purposes of this section:

(a) Employee contributions are “picked-up” if the written employment policy or agreement described in subsection (1) of this section provides that employee compensation will be reduced to generate the funds needed to make the employee contributions; and

(b) Employee contributions are “assumed or paid” by an employer if the written employment policy or agreement described in subsection (1) of this section provides that additional amounts shall be paid by the employer for the purpose of making the employee contributions, and employee compensation will not be reduced for the purpose of generating the funds needed to make the employee contributions.

(6) A participating public employer must give written notice to the Public Employees Retirement Board at the time that a written employment policy or agreement described in subsection (1) of this section is adopted or changed. The notice must indicate whether the employer will “pick-up” or “assume or pay” the employee contributions as described in subsection (5) of this section. Any change in the manner in which employee contributions are to be paid applies only to employee contributions made on and after the date the notice is received by the board. [Formerly 237.075; 1997 c.175 §8; 2001 c.945 §44; 2003 c.67 §2]

Source: Section 238.205 — Payment of employee contribution by employer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238a.010 — OR Code / Title 22 / Chapter 238a / Section 238a.010
238A.010 Computation of hours of service
Status: in_force

For the purpose of computing hours of service under this chapter, an eligible employee shall be credited with 40 hours of service for each calendar week in which the employee was employed in a qualifying position unless otherwise shown by records maintained by the participating public employer. [2003 c.733 §1a]

Source: Section 238A.010 — Computation of hours of service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 242.590 — OR Code / Title 22 / Chapter 242 / Section 242.590
242.590 Permanent appointments
Status: in_force

(1) The appointing authority must make a permanent appointment from the list of candidates certified by the board, unless, upon reasons signed in writing by the appointing authority, the board consents to and certifies a new list of candidates. If a person on probation is not dismissed during the probationary period the appointment is deemed permanent.

(2) All persons employed as custodians and assistant custodians in a school district on the date the Custodians’ Civil Service Law becomes effective as to such school district shall be permanent employees without assessment and shall be so appointed by the board. [Amended by 2023 c.437 §14]

Source: Section 242.590 — Permanent appointments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 238.607 — OR Code / Title 22 / Chapter 238 / Section 238.607
238.607 Actuarial equivalency factor tables
Status: in_force

(1) Once every two calendar years, the Public Employees Retirement Board shall adopt actuarial equivalency factor tables for the purpose of computing the payments to be made to members and their beneficiaries, alternate payees and judge members and their spouses and beneficiaries. The tables may be adopted in conjunction with the system evaluation required by ORS 238.605 (Actuarial report on system) . Tables adopted under this section must use the best actuarial information on mortality available at the time the board adopts the tables, as provided by the actuary engaged by the board. Actuarial equivalency factor tables adopted under this section become effective on January 1 of the calendar year following adoption of the tables by the board. All computations of payments must use the actuarial equivalency factor tables that are in effect on:

(a) The effective date of retirement for any member, judge member or alternate payee;

(b) The date that the first payment is due for any death beneficiary; or

(c) The date that the first payment is due for any recalculation of payments that is not attributable to error, including but not limited to recalculations under ORS 238.465 (Benefits payable to others under certain judgments) (2).

(2) The board may not defer or delay implementation of the actuarial equivalency factor tables adopted under this section. [2003 c.68 §2]

Note: Sections 3 and 4, chapter 68, Oregon Laws 2003, provide:

Sec. 3. The Public Employees Retirement Board shall first adopt actuarial equivalency factor tables under section 2 of this 2003 Act [ 238.607 (Actuarial equivalency factor tables) ] to become effective January 1, 2005. [2003 c.68 §3]

Sec. 4. (1) Subject to subsections (2) and (3) of this section, for the purpose of computing the retirement allowance of members and alternate payees with effective dates of retirement on or after July 1, 2003, and before January 1, 2005, the Public Employees Retirement Board shall use actuarial equivalency factor tables that are based on the mortality assumptions of the actuary’s 2001 experience study as adopted by the board on September 10, 2002.

(2) The retirement allowance of any member or alternate payee who has an effective date of retirement on or after July 1, 2003, shall be the higher of the following amounts:

(a) The amount calculated for the retirement allowance selected by the member under ORS 238.300 (Service retirement allowance) , 238.305 (Optional service retirement allowance calculations) , 238.320 (Disability retirement allowance) or 238.325 (Optional disability retirement allowance calculations) determined as of the member’s or alternate payee’s effective date of retirement, using all calculations applicable to the member under ORS 238.300 (Service retirement allowance) (2) and using actuarial equivalency factor tables in effect on the effective date of retirement for the purpose of all calculations using actuarial equivalency factor tables; or

(b) The amount calculated under subsection (3) of this section.

(3) For each member or alternate payee described in subsection (2) of this section, the board shall establish years of service, an account balance and a final average salary as of June 30, 2003. Years of service for the member as of June 30, 2003, shall include all creditable service of the member determined as of June 30, 2003, including any retirement credit acquired by the member under ORS 238.105 (Restoration of credit forfeited by reason of termination of membership) to 238.175 (Retirement credit for periods of disability) before July 1, 2003. The account balance shall include all employee contributions made by or on behalf of the member as of June 30, 2003, and earnings on those contributions as of June 30, 2003, credited in the manner provided by board rules in effect on May 9, 2003, governing crediting of earnings upon retirement of a member. The board shall then calculate the retirement allowance selected by the member under ORS 238.300 (Service retirement allowance) , 238.305 (Optional service retirement allowance calculations) , 238.320 (Disability retirement allowance) or 238.325 (Optional disability retirement allowance calculations) , using all calculations applicable to the member under ORS 238.300 (Service retirement allowance) (2), except that:

(a) The board shall use the actuarial equivalency factor tables in effect on June 30, 2003, for the purpose of all calculations using actuarial equivalency factor tables; and

(b) The board shall use the years of service, account balance and final average salary established by the board under this subsection for the member as of June 30, 2003.

(4) The board need not perform the calculations described in subsections (2) and (3) of this section for a member if the board actuarially determines that one of the calculations described in subsection (2) or (3) of this section necessarily provides the highest amount.

(5) Any monthly payments to be made to a death beneficiary under ORS 238.390 (Death benefit) , 238.395 (Additional death benefit) or 238.405 (Death benefit payable to survivors of certain police officers or firefighters) for a member who dies on or after May 9, 2003, shall be calculated using the actuarial equivalency factor tables that are in effect on the date that the first payment is due to the death beneficiary.

(6) This section and section 2, chapter 68, Oregon Laws 2003 [ 238.607 (Actuarial equivalency factor tables) ], do not apply to the calculation of the retirement allowance and surviving spouse pension of a person who is a judge member on June 30, 2003, and who makes an election under ORS 238.565 (Judge’s beneficiaries) (4). The board shall use the actuarial equivalency factor tables in effect on June 30, 2003, for the purpose of calculating the retirement allowance and surviving spouse pension of a person who is a judge member on June 30, 2003, and who makes an election under ORS 238.565 (Judge’s beneficiaries) (4), whether that election is made before, on or after June 30, 2003. [2003 c.67 §40; 2003 c.68 §4; 2003 c.625 §16]

Source: Section 238.607 — Actuarial equivalency factor tables , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.866 — OR Code / Title 22 / Chapter 243 / Section 243.866
243.866 Benefit plans
Status: in_force

(1) The Oregon Educators Benefit Board shall contract for benefit plans best designed to meet the needs and provide for the welfare of eligible employees, the districts and local governments. In considering whether to enter into a contract for a benefit plan, the board shall place emphasis on:

(a) Employee choice among high-quality plans;

(b) Encouragement of a competitive marketplace;

(c) Plan performance and information;

(d) District and local government flexibility in plan design and contracting;

(e) Quality customer service;

(f) Creativity and innovation;

(g) Plan benefits as part of total employee compensation;

(h) Improvement of employee health; and

(i) Health outcome and quality measures, described in ORS 413.017 (Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee) (4), that are reported by the plan.

(2) The board may approve more than one carrier for each type of benefit plan offered, but the board shall limit the number of carriers to a number consistent with adequate service to eligible employees and family members. The board shall impose a surcharge in an amount determined by the board on an eligible employee who arranges coverage for the employee’s spouse or dependent under this subsection if the spouse or dependent has access to medical coverage as an employee in another health benefit plan offered by the board or the Public Employees’ Benefit Board.

(3) When appropriate, the board shall provide options under which an eligible employee may arrange coverage for family members under a benefit plan.

(4) A district or a local government shall provide that payroll deductions for benefit plan costs that are not payable by the district or local government may be made upon receipt of a signed authorization from the employee indicating an election to participate in the benefit plan or plans selected and allowing the deduction of those costs from the employee’s pay.

(5) In developing any benefit plan, the board may provide an option of additional coverage for eligible employees and family members at an additional premium.

(6) The board shall adopt rules providing that transfer of enrollment from one benefit plan to another is open to all eligible employees and family members. Because of the special problems that may arise involving acceptable provider-patient relations between a particular panel of providers and a particular eligible employee or family member under a comprehensive group practice benefit plan, the board shall provide a procedure under which any eligible employee may apply at any time to substitute another benefit plan for participation in a comprehensive group practice benefit plan.

(7) An eligible employee who is retired is not required to participate in a health benefit plan offered under this section in order to obtain dental benefit plan coverage. The board shall establish by rule standards of eligibility for retired employees to participate in a dental benefit plan.

(8) The board shall evaluate a benefit plan that serves a limited geographic region of this state according to the criteria described in subsection (1) of this section.

(9) Intentionally left blank —Ed.

(a) The board shall use payment methodologies in self-insured health benefit plans offered by the board that are designed to limit the growth in per-member expenditures for health services to no more than 3.4 percent per year.

(b) The board shall adopt policies and practices designed to limit the annual increase in premium amounts paid for contracted health benefit plans to 3.4 percent.

(10) As frequently as is recommended as a commercial best practice by consultants engaged by the board, the board shall conduct an audit of the health benefit plan enrollees’ continued eligibility for coverage as spouses or dependents or any other basis that would affect the cost of the premium for the plan.

(11) If the board spends less than 12 percent of its total medical expenditures in self-insured health benefit plans on payments for primary care, the board shall implement a plan for increasing the percentage of total medical expenditures spent on payments for primary care by at least one percent each year.

(12) No later than February 1 of each year, the board shall report to the Legislative Assembly on any plan implemented under subsection (11) of this section and on the board’s progress toward achieving the target of spending at least 12 percent of total medical expenditures on payments for primary care. [2007 c.7 §4; 2010 c.49 §2; 2013 c.731 §18; 2015 c.389 §5; 2017 c.489 §§11,17; 2017 c.746 §28; 2019 c.484 §§3,4]

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

Source: Section 243.866 — Benefit plans; criteria; coverage options; payroll deductions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.401 — OR Code / Title 22 / Chapter 243 / Section 243.401
243.401 Definitions for ORS 243.401 to 243.507
Status: in_force

As used in 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) :

(1) “Board” means the Public Employees Retirement Board described in ORS 238.630 (Board generally) .

(2) “Council” means the Oregon Investment Council created by ORS 293.706 (Oregon Investment Council) .

(3) “Deferred compensation contract” means a written agreement entered into by the state and an eligible state employee under the provisions of ORS 243.440 (Salary reduction for deferred compensation plan) .

(4) “Deferred compensation investment program” means the program established by the Oregon Investment Council under ORS 243.421 (Investment program for fund) , for investment of assets of the Deferred Compensation Fund.

(5) “Deferred compensation plan” means a plan established by the state or a local government for the deferral of compensation payable to employees of the state or local government and for the deferral of income taxation on that compensation.

(6) “Eligible state employee” means an officer or employee of a state board, commission, department or other instrumentality of state government, including, but not limited to, all officers and employees of the executive, judicial and legislative branches of state government, but excluding:

(a) Persons engaged as independent contractors, except as otherwise specifically allowed by statute;

(b) Persons who are employed in emergency work and whose periods of employment are on an intermittent or irregular basis; and

(c) Persons who are provided sheltered employment or make-work by the state in an employment or industries program maintained for the benefit of such individuals.

(7) “Fund” means the Deferred Compensation Fund established under ORS 243.411 (Deferred Compensation Fund) .

(8) “Local government” means a 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.

(9) “Local government deferred compensation plan” means a deferred compensation plan that is established and administered by a local government.

(10) “Local plan participant” means a person participating in a local government deferred compensation plan.

(11) “Participating local government” means a local government that invests all or part of the assets of the deferred compensation plan established by the local government through the deferred compensation investment program.

(12) “State deferred compensation plan” means the deferred compensation plan described in ORS 243.435 (Plan contents) for eligible state employees.

(13) “State plan participant” means a person participating in the state deferred compensation plan, either through current or past deferrals of compensation.

(14) “System” means the Public Employees Retirement System established in ORS 238.600 (System established) . [1997 c.179 §2 (enacted in lieu of 243.400)]

Source: Section 243.401 — Definitions for ORS 243.401 to 243.507 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.310 — OR Code / Title 22 / Chapter 238 / Section 238.310
238.310 Minimum service retirement allowance
Status: in_force

(1) Notwithstanding any other provision of this chapter, the service retirement allowance of a member who has 15 or more years of creditable service shall be not less than $100 a month, computed under the nonrefund plan:

(a) For a member who retires and begins receiving a service retirement allowance before or on reaching the age of 65 years, on the basis of retirement at the age of 65 years.

(b) For a member who retires and begins receiving a service retirement allowance after reaching the age of 65 years, on the basis of age reached at retirement.

(2) Any member who receives a service retirement allowance calculated under the provisions of this section shall receive the retirement benefit in the form of a lump sum amount as provided in ORS 238.315 (Lump sum payment in lieu of small allowance) . [Formerly 237.200; 2001 c.945 §85]

Source: Section 238.310 — Minimum service retirement allowance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.565 — OR Code / Title 22 / Chapter 238 / Section 238.565
238.565 Judge’s beneficiaries
Status: in_force

(1) For the purposes of this section, a judge member may designate a beneficiary or beneficiaries by written designation duly acknowledged and filed with the Public Employees Retirement Board before the death of the judge member. Beneficiaries designated by a judge member may include any persons, the personal representative of the estate of the judge member or the trustee named by the judge member to execute an express trust.

(2) Intentionally left blank —Ed.

(a) If a judge member who has six or more years of service as a judge dies before retiring, and the judge member is not an inactive judge member who is performing a pro tem service obligation under the provisions of ORS 238.545 (Withdrawal of member account) (4), the surviving spouse of the judge member shall receive a life pension, payable monthly, equal to two-thirds of the service retirement allowance the judge member would have received under ORS 238.535 (Service retirement allowance) (1)(a) had the judge member retired on the date of death.

(b) If a judge member who has six or more years of service as a judge dies before retiring, and the judge member is an inactive member who is performing a pro tem service obligation under the provisions of ORS 238.545 (Withdrawal of member account) (4), the surviving spouse of the judge member shall receive a life pension, payable monthly, equal to two-thirds of the service retirement allowance the judge member would have received under ORS 238.535 (Service retirement allowance) (1)(b) had the judge member retired on the date of death.

(c) If a surviving spouse receiving a pension under paragraph (a) or (b) of this subsection dies and the total amount received as pension by the surviving spouse is less than the amount credited to the member account of the judge member in the fund on the date of death of the judge member, the beneficiary or beneficiaries shall receive a lump sum amount equal to the difference between the total amount received by the surviving spouse and the amount so credited to the member account of the judge member.

(d) If a judge member dies before retiring and has no surviving spouse, the beneficiary or beneficiaries shall receive a lump sum amount equal to the amount credited to the member account of the judge member in the fund on the date of death of the judge member. If the judge has not designated a beneficiary, or if the named beneficiary predeceases the judge member, the amount credited to the account shall be paid to a personal representative appointed for the estate of the deceased judge member.

(e) If the surviving spouse of a judge member who dies before retiring is not entitled to a pension under paragraph (a) or (b) of this subsection, the surviving spouse shall receive a lump sum amount equal to the amount credited to the member account of the judge member in the fund on the date of death of the judge member.

(3) Intentionally left blank —Ed.

(a) If a judge member dies after retiring, the surviving spouse of the judge member shall receive a life pension, payable monthly, equal to two-thirds of the retirement allowance the judge member is receiving or is entitled to receive on the date of death.

(b) If a surviving spouse receiving a pension under paragraph (a) of this subsection dies and the total amount received as retirement allowance by the retired judge member and as pension by the surviving spouse is less than the amount credited to the member account of the judge member on the date of retirement of the judge member, the beneficiary or beneficiaries shall receive a lump sum amount equal to the difference between the total amount received as retirement allowance and pension and the amount so credited to the member account of the judge member.

(c) If a judge member dies after retiring and has no surviving spouse, and the total amount received as retirement allowance by the retired judge member is less than the amount credited to the member account of the judge member on the date of retirement of the judge member, the beneficiary or beneficiaries shall receive a lump sum amount equal to the difference between the total amount received as retirement allowance and the amount so credited to the member account of the judge member.

(4) At any time after becoming a judge member, but not later than the date on which the first payment on account of retirement is due, a judge member may elect to provide an addition to the pension of the surviving spouse of the judge member under subsection (3)(a) of this section by selecting a reduced retirement allowance for the judge member. The additional pension to the surviving spouse shall be the actuarial equivalent of the reduction in the retirement allowance of the judge member and, in no event, when added to the pension under subsection (3)(a) of this section, shall it exceed the reduced retirement allowance elected by the judge member.

(5) Any accrued retirement allowance due a retired judge member that is unpaid at the time of death of the judge member shall be paid to the surviving spouse of the judge member. If there is no surviving spouse, the accrued retirement allowance shall be paid to the beneficiary or beneficiaries of the judge member. If there is no surviving spouse or beneficiary, the accrued retirement allowance shall be paid as provided in ORS 238.390 (Death benefit) (2).

(6) Notwithstanding any other provision of this section, a judge member shall be considered to have died with no surviving spouse if:

(a) The judge member has entered into a prenuptial or antenuptial agreement with the spouse of the judge that provides that the spouse shall have no right or claim to a surviving spouse’s pension; and

(b) The judge member has filed a copy of the prenuptial or antenuptial agreement with the board before the death of the judge member.

(7) The board shall not be liable for any payment made to a beneficiary by reason of a prenuptial or antenuptial agreement filed with the board under subsection (6) of this section unless the board has actual knowledge that the agreement has been revoked.

(8) A judge member may elect to have all or part of the pension that is payable to a surviving spouse under this section be paid to a former spouse of the judge member. The election may be made before or after the judge member retires. If a judge member makes an election under this subsection, the board shall pay the designated portion of pension to the former spouse for the life of the former spouse. If a judge member is married at the time an election is made under this subsection, the spouse of the judge member must give written consent to the election. An election under this subsection does not affect the amount of any additional pension elected by a judge member under subsection (4) of this section. If a judge member makes an election under this subsection and the judge member does not have a surviving spouse when the judge member dies, the former spouse shall receive a life pension for only that part of the pension specified in the election. If a judge member makes an election under this subsection and the judge member has a surviving spouse when the judge member dies:

(a) The surviving spouse shall receive no benefit if the judge member elected to have the entire pension payable under this section paid to the former spouse; or

(b) The surviving spouse shall receive that part of the pension not paid to the former spouse until the death of the former spouse. [Formerly 237.227; 1997 c.801 §21; 1999 c.317 §22; 2001 c.945 §61; 2003 c.625 §5; 2007 c.527 §1; 2013 c.536 §1; 2023 c.404 §2]

Source: Section 238.565 — Judge’s beneficiaries; spouse’s pension , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 236.630 — OR Code / Title 22 / Chapter 236 / Section 236.630
236.630 Authority of new employer over transferred employee
Status: in_force

A public employer who receives a transferred public employee under ORS 236.610 (Rights of employee when duties assumed by different public employer) (1) shall place that employee in a position comparable to the position the employee enjoyed under prior employment, subject to the following:

(1) The receiving employer, in determining a comparable position, shall consider the employee’s educational and physical qualifications, experience, and the salary, duties and responsibilities of prior employment.

(2) If the receiving employer finds that no comparable position exists under subsection (1) of this section, the employee shall be offered a lesser position, if such position is available, according to the qualifications of the employee, by the receiving employer. The finding and action of such employer under this subsection, and subsection (3) of this section shall be subject to a hearing upon the employee’s request and subject to review under ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review) .

(3) If the receiving employer finds that no position exists, the employee shall be listed as a regular laid-off employee and shall have priority to appointment over other persons eligible for any position for which the employee is qualified, subject to any applicable collective bargaining agreement. [1963 c.204 §4; 1991 c.918 §5; 1995 c.286 §23]

Source: Section 236.630 — Authority of new employer over transferred employee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 243.706 — OR Code / Title 22 / Chapter 243 / Section 243.706
243.706 Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process
Status: in_force

(1) A public employer may enter into a written agreement with the exclusive representative of an appropriate bargaining unit setting forth a grievance procedure culminating in binding arbitration or any other dispute resolution process agreed to by the parties. As a condition of enforceability, any arbitration award that orders the reinstatement of a public employee or otherwise relieves the public employee of responsibility for misconduct shall comply with public policy requirements as clearly defined in statutes or judicial decisions including but not limited to policies respecting sexual harassment or sexual misconduct, unjustified and egregious use of physical or deadly force and serious criminal misconduct, related to work. In addition, with respect to claims that a grievant should be reinstated or otherwise relieved of responsibility for misconduct based upon the public employer’s alleged previous differential treatment of employees for the same or similar conduct, the arbitration award must conform to the following principles:

(a) Some misconduct is so egregious that no employee can reasonably rely on past treatment for similar offenses as a justification or defense to discharge or other discipline.

(b) Public managers have a right to change disciplinary policies at any time, notwithstanding prior practices, if such managers give reasonable advance notice to affected employees and the change does not otherwise violate a collective bargaining agreement.

(2) In addition to subsection (1) of this section, a public employer may enter into a written agreement with the exclusive representative of its employees providing that a labor dispute over conditions and terms of a contract may be resolved through binding arbitration.

(3) Notwithstanding subsection (1) of this section, when an arbitration proceeding involves alleged misconduct by a sworn law enforcement officer of any law enforcement agency, as those terms are defined in ORS 131.930 (Definitions) , and the arbitrator makes a finding that misconduct has occurred consistent with the law enforcement agency’s finding of misconduct or, if applicable, consistent with a finding of misconduct by a civilian or community oversight board, agency or review body, the arbitration award may not order any disciplinary action that differs from the disciplinary action imposed by the law enforcement agency or the civilian or community oversight board, agency or review body, if the disciplinary action imposed by the law enforcement agency, or the civilian or community oversight board, agency or review body was in accordance with the uniform standards adopted by the Commission on Statewide Law Enforcement Standards of Conduct and Discipline established under ORS 243.812 (Commission on Statewide Law Enforcement Standards of Conduct and Discipline) .

(4) In an arbitration proceeding under this section, the arbitrators, or a majority of the arbitrators, may:

(a) Issue subpoenas on their own motion or at the request of a party to the proceeding to:

(A) Compel the attendance of a witness properly served by either party; and

(B) Require from either party the production of books, papers and documents the arbitrators find are relevant to the proceeding;

(b) Administer oaths or affirmations to witnesses; and

(c) Adjourn a hearing from day to day, or for a longer time, and from place to place.

(5) The arbitrators shall promptly provide a copy of a subpoena issued under this section to each party to the arbitration proceeding.

(6) The arbitrators issuing a subpoena under this section may rule on objections to the issuance of the subpoena.

(7) If a person fails to comply with a subpoena issued under this section or if a witness refuses to testify on a matter on which the witness may be lawfully questioned, the party who requested the subpoena or seeks the testimony may apply to the arbitrators for an order authorizing the party to apply to the circuit court of any county to enforce the subpoena or compel the testimony. On the application of the attorney of record for the party or on the application of the arbitrators, or a majority of the arbitrators, the court may require the person or witness to show cause why the person or witness should not be punished for contempt of court to the same extent and purpose as if the proceedings were pending before the court.

(8) Witnesses appearing pursuant to subpoena, other than parties or officers or employees of the public employer, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2).

(9) As used in this section, “civilian or community oversight board, agency or review body” means a board, an agency or a body:

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

(b) Created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency or body was referred to and approved by the people of the city at an election held on or after July 1, 2020. [1973 c.536 §12; 1995 c.286 §5; 1999 c.75 §1; 2020 s.s.1 c.18 §1; 2021 c.541 §7]

Source: Section 243.706 — Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process; powers of arbitrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.690 — OR Code / Title 22 / Chapter 238 / Section 238.690
238.690 Integration of retirement plan of mass transit district
Status: in_force

(1) A retirement plan that has been adopted by a mass transit district organized under ORS 267.010 (Definitions for ORS 267.010 to 267.394) to 267.394 (Investment of certain funds held by TriMet) situated in a metropolitan statistical area with a population exceeding 400,000 may be integrated with, or the district may become a participant in, the Public Employees Retirement System in the manner prescribed in subsection (2) of this section.

(2) Intentionally left blank —Ed.

(a) A proposed form of contract setting forth all the terms, conditions and provisions of the integration or participation shall be a mandatory subject of bargaining subject to the provisions 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) .

(b) The proposed contract shall be submitted to a vote of the employees of the mass transit district, or the members of the affected bargaining unit of the applicable labor organization, and the board of directors of the mass transit district. In submitting a proposed contract to its members, the labor organization shall follow the procedure provided in its bylaws for the promulgation and adoption of bylaws.

(c) Adoption by the employees or members of the affected bargaining unit of the applicable labor organization of the proposed contract of integration or participation shall be by an affirmative vote of not less than two-thirds of the affected employees or active members of the affected bargaining unit of the applicable labor organization at the time of the election.

(d) The proposed contract so formulated, approved and adopted shall be submitted to the Public Employees Retirement Board. The board may exercise its authority to negotiate and enter into a contract with the mass transit district that would accomplish the integration or participation without adversely affecting the current operational and capital requirements of the mass transit district. The board may not enter into any contract that prevents those adverse effects by adjusting the level of benefits received by any of the employees of the mass transit district.

(e) A contract of prospective participation does not in any way alter, impair or adversely affect any rights, benefits or privileges that have vested under the provisions of law or collective bargaining agreement in an employee of a mass transit district by virtue of retirement, either on account of disability or on account of having attained the retirement age, prior to the effective date of the contract of integration or participation.

(f) When a public employer enters into a contract with the board under this section, the public employer shall agree to eventually extend coverage under this chapter to all eligible employees of the employer through subsequent contracts with the board.

(3) For the purposes of this section, “metropolitan statistical area” has the meaning given that term in ORS 267.010 (Definitions for ORS 267.010 to 267.394) . [Formerly 237.037; 2009 c.11 §20]

Source: Section 238.690 — Integration of retirement plan of mass transit district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 244.162 — OR Code / Title 22 / Chapter 244 / Section 244.162
244.162 Information provided to persons required to file statement of economic interest
Status: in_force

(1) A person designated by a public body as defined in ORS 174.109 (“Public body” defined) shall provide information explaining the requirements of ORS 244.050 (Persons required to file statement of economic interest) , 244.060 (Form of statement of economic interest) , 244.070 (Additional statement of economic interest) and 244.090 (Report on association with compensated lobbyist) to each newly elected or appointed public official serving the public body who is required to file a verified statement of economic interest under ORS 244.050 (Persons required to file statement of economic interest) . The information must be received by the public official either at the first meeting attended by the public official or before the public official takes the oath of office, whichever occurs first.

(2) At the time of fulfilling duties under subsection (1) of this section, the person designated by the public body shall provide to each newly elected or appointed public official serving the public body a copy of the statements and explanation provided to the public body under subsection (3) of this section.

(3) The Oregon Government Ethics Commission shall provide copies of the statements described in ORS 244.060 (Form of statement of economic interest) , 244.070 (Additional statement of economic interest) and 244.090 (Report on association with compensated lobbyist) and an explanation of the requirements of the law relating to the statements to each public body that is served by a public official who is required to file a statement described in ORS 244.060 (Form of statement of economic interest) , 244.070 (Additional statement of economic interest) or 244.090 (Report on association with compensated lobbyist) .

(4) A newly elected or appointed public official serving a public body who is not informed of the filing requirements under ORS 244.050 (Persons required to file statement of economic interest) , 244.060 (Form of statement of economic interest) , 244.070 (Additional statement of economic interest) and 244.090 (Report on association with compensated lobbyist) and provided with a copy of the statements and explanation as required under this section before attending the first meeting or taking the oath of office may resign that office within 90 days thereafter or before the next date specified in ORS 244.050 (Persons required to file statement of economic interest) for the filing of a statement, whichever is later, without filing a verified statement of economic interest and without incurring a sanction or penalty that might otherwise be imposed for not filing. [Formerly 244.195]

Source: Section 244.162 — Information provided to persons required to file statement of economic interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 238.135 — OR Code / Title 22 / Chapter 238 / Section 238.135
238.135 Credit for probationary periods in seasonal positions
Status: in_force

(1) A member of the system who has 10 years or more of creditable service in the system at the time of retirement, and who served for less than six months working full-time in a seasonal position with a public employer participating in the system before becoming a member of the system, shall receive retirement credit for those periods of less than six months if the member, within 90 days before the effective date of retirement of the member, applies in writing to the board for that retirement credit and pays to the board in a lump sum an amount determined by the board to be equal to:

(a) The total amount of employee contributions to the fund by or on behalf of the employee that would have been required for the six months’ period if the employee had been a member of the system during that period, plus interest at the rate of eight percent per annum from the date the contributions would have been made, which amount shall be credited to the regular account of the member; and

(b) The total amount of employer contributions to the fund the employer of the employee would have been required to make in respect to the employee if the employee had been a member of the system during the six months’ period, plus interest at the rate of eight percent per annum from the date the contributions would have been made, which amount shall be credited to the reserve for pension accounts in the fund.

(2) As used in this section, “seasonal position” means an apprenticeship, internship or entry level role in the employ of a participating public employer that is served by a person before being employed in a technical or professional position with that public employer.

(3) No retirement credit shall be allowed under this section for any period of employment for which retirement credit is acquired under ORS 238.125 (Credit for probationary period of employment) . [Formerly 237.119; 2001 c.945 §40]

Source: Section 238.135 — Credit for probationary periods in seasonal positions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.605 — OR Code / Title 22 / Chapter 238 / Section 238.605
238.605 Actuarial report on system
Status: in_force

(1) At least once every two years the Public Employees Retirement Board shall cause a competent actuary familiar with public systems of retirement and death benefits to prepare a report evaluating the current and prospective assets and liabilities of the system and indicating its current and prospective financial condition. In preparing the report the actuary shall investigate the mortality, disability, service and other experience of the members of, and employers participating in the system, shall state fully the condition of the system, and shall make such recommendations as the actuary deems advisable to facilitate administering it properly. The board shall publish and distribute a summary of the report to all the public employers participating in the system. The board may authorize the transfer of any portion of the funds collected under the provisions of ORS 238.225 (Employer contributions) to carry out the recommendations of the actuary.

(2) For the purpose of evaluating the system under this section and for the purpose of issuing reports on the system, the actuary and the board shall determine the unfunded actuarial liability of the system by calculating the difference between the actuarial value of the current and prospective liabilities of the system and the actuarial value of the assets of the system, including any lump sum payments made under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) . When reporting on the unfunded actuarial liability in any official documentation or report, the board shall report on the unfunded actuarial liability as determined under this subsection. [Formerly 237.285; 2017 c.746 §12]

Source: Section 238.605 — Actuarial report on system; determination of unfunded actuarial liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 242.400 — OR Code / Title 22 / Chapter 242 / Section 242.400
242.400 Annual report
Status: in_force

The board shall, on or before January 1 of each year, make a report to the school board of the district, showing its rules in force and the practical effect thereof, and any suggestions it may have for a more effective accomplishment of classified civil service. The board shall also provide a roster for all employees under the Custodians’ Civil Service Law and make such other reports and recommendations as it deems advisable.

Source: Section 242.400 — Annual report; roster of employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 243.853 — OR Code / Title 22 / Chapter 243 / Section 243.853
243.853 “Public employee” defined
Status: in_force

For the purposes of this section and ORS 243.854 (Leaves of absence for athletic competition) and 243.855 (Reimbursement to public employer) , “public employee” means officers or employees, classified, unclassified, exempt and nonexempt, of:

(1) State agencies.

(2) Community colleges.

(3) School districts and education service districts.

(4) County governments.

(5) City governments.

(6) Districts as defined in ORS 255.012 (“District” defined) and any other special district. [Formerly 243.325]

Note: 243.853 (“Public employee” defined) to 243.855 (Reimbursement to public employer) were made a part of ORS chapter 243 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 243.853 — “Public employee” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 240.245 — OR Code / Title 22 / Chapter 240 / Section 240.245
240.245 Application of chapter to exempt service
Status: in_force

The exempt service shall not be subject to the provisions of this chapter, except that, with regard to any position for which salaries are not fixed by law, the officer authorized by law to appoint or fill such position shall maintain a salary plan equitably applied to the exempt position and in reasonable conformity with the general salary structure of the state. [1955 c.738 §3; 1969 c.80 §55]

Source: Section 240.245 — Application of chapter to exempt service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 238.255 — OR Code / Title 22 / Chapter 238 / Section 238.255
238.255 Credits to regular accounts when earnings less than assumed interest rate
Status: in_force

(1) The regular account for an active or inactive member of the Public Employees Retirement System shall be examined each year. If the regular account is credited with earnings for the previous year in an amount less than the earnings that would have been credited pursuant to the assumed interest rate for that year determined by the Public Employees Retirement Board, the amount of the difference shall be credited to the regular account and charged to a reserve account in the Public Employees Retirement Fund established for the purpose. A reserve account so established may not be maintained on a deficit basis for a period of more than five years. Earnings in excess of the assumed interest rate for years following the year for which a charge is made to the reserve account shall first be applied to reduce or eliminate the amount of a deficit.

(2) The regular account for an active or inactive member who established membership in the system before January 1, 1996, as described in ORS 238.430 (Limitation on benefits payable to persons establishing membership on or after January 1, 1996) , may not be credited with earnings in excess of the assumed interest rate until:

(a) The reserve account established under subsection (1) of this section no longer has a deficit;

(b) The reserve account established under subsection (1) of this section is fully funded with amounts determined by the board, after consultation with the actuary employed by the board, to be necessary to ensure a zero balance in the account when all members who established membership in the system before January 1, 1996, as described in ORS 238.430 (Limitation on benefits payable to persons establishing membership on or after January 1, 1996) , have retired; and

(c) The reserve account established under subsection (1) of this section has been fully funded as described in paragraph (b) of this subsection in each of the three immediately preceding calendar years. [Formerly 237.277; 2001 c.945 §4; 2003 c.3 §1; 2003 c.67 §5; 2003 c.625 §10; 2011 c.722 §13]

Source: Section 238.255 — Credits to regular accounts when earnings less than assumed interest rate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.762 — OR Code / Title 22 / Chapter 243 / Section 243.762
243.762 Alternative arbitration procedure under collective bargaining agreement
Status: in_force

Nothing in 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) is intended to prohibit a public employer and the exclusive representative of its employees from entering into a collective bargaining agreement which provides for a compulsory arbitration procedure which is substantially equivalent to ORS 243.742 (Binding arbitration when strike prohibited) to 243.756 (Employment conditions during arbitration) . [1973 c.536 §22; 2019 c.429 §16]

Source: Section 243.762 — Alternative arbitration procedure under collective bargaining agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.458 — OR Code / Title 22 / Chapter 238 / Section 238.458
238.458 Unclaimed benefits
Status: in_force

(1) A benefit that is owed to a member or beneficiary of a member under the Public Employees Retirement System shall be forfeited at the end of the system’s plan year in which the benefit becomes due if the Public Employees Retirement Board is unable to locate the member or beneficiary. If the member, beneficiary or any other person thereafter establishes a right to the forfeited benefit, the board shall reinstate the benefit. If the benefit is a periodic payment, the board shall make a retroactive payment to the member, beneficiary or other person in a lump sum for all amounts that would have been paid before reinstatement of the benefit. No interest shall be paid on the benefit for the period commencing when the benefit became due and the date of the retroactive payment.

(2) Death benefits and other amounts payable by reason of the death of a member do not escheat to the state when the member dies without heirs, devisees or beneficiaries designated under ORS 238.390 (Death benefit) . If a beneficiary has not been designated under ORS 238.390 (Death benefit) , and a personal representative or a person filing a simple estate affidavit under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) fails to make claim for the benefits within one year after the member dies, the benefits shall be forfeited to the Public Employees Retirement Fund in the manner provided by subsection (1) of this section and are subject to reinstatement only upon subsequent appointment of a personal representative or the filing of a simple estate affidavit in the manner provided by ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) . If benefits are paid to a personal representative or a person filing a simple estate affidavit under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) , the personal representative or person filing the affidavit shall return to the board the amount that would otherwise escheat to the state after payment of administrative expenses and claims against the estate. Any amounts returned to the board under this subsection shall be forfeited to the fund. [1999 c.317 §20; 2003 c.625 §2; 2019 c.165 §25; 2023 c.17 §24]

Source: Section 238.458 — Unclaimed benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238a.110 — OR Code / Title 22 / Chapter 238a / Section 238a.110
238A.110 Termination of membership
Status: in_force

Membership under the pension program terminates when:

(1) A member dies;

(2) A member withdraws under ORS 238A.375 (Distribution of accounts to inactive member) ; or

(3) A member forfeits retirement credit under ORS 238A.145 (Loss of retirement credit) . [2003 c.733 §6; 2019 c.355 §4]

Source: Section 238A.110 — Termination of membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 243.738 — OR Code / Title 22 / Chapter 243 / Section 243.738
243.738 Strikes by employees of mass transit districts, transportation districts and municipal bus systems
Status: in_force

(1) It is unlawful for any employee of a mass transit district, transportation district or municipal bus system to strike or recognize a picket line of a labor organization while in the performance of official duties.

(2) As used in this section:

(a) “Mass transit district” means a mass transit district established under ORS 267.010 (Definitions for ORS 267.010 to 267.394) to 267.394 (Investment of certain funds held by TriMet) .

(b) “Transportation district” means a transportation district established under ORS 267.510 (Definitions for ORS 267.510 to 267.650) to 267.650 (Finance elections) . [2007 c.641 §2]

Source: Section 243.738 — Strikes by employees of mass transit districts, transportation districts and municipal bus systems , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 242.730 — OR Code / Title 22 / Chapter 242 / Section 242.730
242.730 Witness fees
Status: in_force

Every person served with a subpoena requiring attendance before the commission shall be entitled to the fees and mileage as are allowed by law to witnesses in ORS 44.415 (Fees and mileage of witnesses) (2), except that no person shall be entitled to any fees or mileage who is employed in the public service of the political subdivision in which the person is called as a witness. The fees and mileage allowed by this section need not be prepaid, but the governing body of the political subdivision shall provide for payment thereof when certified by the commission. [1959 c.252 §17; 1989 c.980 §10d]

Source: Section 242.730 — Witness fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 238.606 — OR Code / Title 22 / Chapter 238 / Section 238.606
238.606 Independent review of actuarial report on system
Status: in_force

(1) Intentionally left blank —Ed.

(a) At least once every four years, the Secretary of State shall contract with a firm qualified to perform an independent actuarial review of the report on the Public Employees Retirement System prepared under ORS 238.605 (Actuarial report on system) . The firm shall review the report that was most recently used to calculate employer contribution rates under ORS 238.225 (Employer contributions) .

(b) The firm conducting the review required by this section shall use all appropriate actuarial standards of practice.

(c) The Secretary of State shall determine the scope of the review required by this section. The review must include, but is not limited to, an examination of the reasonableness and consistency of the following aspects of the report described in paragraph (a) of this subsection:

(A) Actuarial methods used;

(B) Demographic and economic assumptions used;

(C) Census and asset data used;

(D) Valuation of the system, including projected future benefit payments, system liabilities, system normal cost and funded status;

(E) Employer contribution rates calculated;

(F) Rate collaring policy and calculation;

(G) Assumed rate of return and discount rate used;

(H) Comparison of legislative impact to actual impact; and

(I) Instructions provided by the Public Employees Retirement Board to the actuary.

(d) A review under this section must include a quantitative and qualitative analysis of any changes to actuarial methods and demographic and economic assumptions that were recommended by the actuary, adopted by the board, and used to prepare the report under ORS 238.605 (Actuarial report on system) .

(e) The Public Employees Retirement System, the State Treasurer, and the Oregon Investment Council shall cooperate with the firm conducting the review required by this section in all respects and shall permit the firm full access to all information the firm deems necessary to complete the review.

(f) An actuary that prepared a report under ORS 238.605 (Actuarial report on system) may not conduct a review under this section for a period of six years after the actuary has provided any services for the board.

(g) The Public Employees Retirement Board shall pay the cost of the review performed under this section.

(2) A review performed under this section shall be available for public inspection, in accordance with the Secretary of State’s established rules and procedures governing public disclosure of public reports.

(3) The Secretary of State shall submit the review performed under this section to the Public Employees Retirement Board and the Joint Legislative Audit Committee no later than February 15 of the year after the review is initiated. [2018 c.98 §11]

Note: 238.606 (Independent review of actuarial report on system) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 238 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 238.606 — Independent review of actuarial report on system; reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.025 — OR Code / Title 22 / Chapter 243 / Section 243.025
243.025 Issuance of $10,000 life insurance certificate
Status: in_force

When the Oregon Department of Administrative Services has awarded the contract under ORS 243.015 (Life insurance for police and firefighters) , every police officer and firefighter in the service of a public employer shall be issued, pursuant to the contract provided for in ORS 243.015 (Life insurance for police and firefighters) , a certificate of insurance in the face amount of $10,000, covering death caused by injury sustained during working hours as a police officer or firefighter or death resulting from such an injury within 365 days. The insurance certificate shall set forth the names of any beneficiaries whom the insured may designate. [1971 c.692 §8; 1973 c.409 §2; 1991 c.67 §63]

Source: Section 243.025 — Issuance of $10,000 life insurance certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238a.245 — OR Code / Title 22 / Chapter 238a / Section 238a.245
238A.245 Reemployment after commencement of pension benefits
Status: repealed

(1) Except as provided in ORS 237.650 (Options for legislators who are members of Public Employees Retirement System) and 238A.250 (Option of legislators to receive certain benefits) , the Public Employees Retirement Board shall cease making pension payments to a retired member of the pension program who is reemployed by a participating public employer in a qualifying position. A retired member of the pension program who is employed in a qualifying position becomes an active member of the pension program without serving the probationary period provided for in ORS 238A.100 (Establishing membership under pension program) .

(2) If a retired member of the pension program is reemployed under the provisions of this section, any option chosen by the member under ORS 238A.190 (Survivorship benefits) is canceled, and upon retiring thereafter the member may elect any option provided for in ORS 238A.180 (Normal retirement benefit) and 238A.190 (Survivorship benefits) . The board shall recalculate the pension of the member upon subsequent retirement. [2003 c.733 §26; 2011 c.722 §4; 2013 s.s. c.3 §12]

Note: Sections 36, 37 and 38 (2), chapter 355, Oregon Laws 2019, provide:

Sec. 36. Section 37 of this 2019 Act is added to and made a part of ORS chapter 238A. [2019 c.355 §36]

Sec. 37. Employment of retired member without limitation on hours through 2034. (1) Notwithstanding ORS 237.650 (Options for legislators who are members of Public Employees Retirement System) and any provision of this chapter and subject to the limitations in this section, during any calendar year through calendar year 2034, a participating public employer may employ any retired member without limitation on the hours worked by the retired member if the administrative head of the public employer is satisfied that the employment is in the public interest. The Public Employees Retirement Board shall continue making pension payments to a retired member of the pension program who is reemployed under this section.

(2) A public employer that employs a retired member during any calendar year through calendar year 2034, shall contribute to the board the percentage of the member’s wages that would have been contributed to the board under ORS 238A.220 (Employer contributions) if the member were an active member of the Public Employees Retirement System. Employer contributions made under this section are in addition to employer contributions made under ORS 238A.220 (Employer contributions) . The board shall apply contributions made by a public employer under this subsection against the liabilities of the public employer. The board shall adopt rules governing payments made under this subsection.

(3) This section does not apply to any member who retires under the provisions of ORS 238A.185 (Early retirement) , unless the person is absent from employment with all participating public employers for at least six months before the date the person is employed under this section.

(4) Employment under this section does not affect the status of a person as a retired member of the pension program and a recipient of retirement benefits under this chapter. [2019 c.355 §37; 2021 c.135 §3; 2023 c.43 §2]

Sec. 38. (2) Section 37, chapter 355, Oregon Laws 2019, as amended by section 3, chapter 135, Oregon Laws 2021, and section 2 of this 2023 Act, is repealed on January 2, 2035. [2019 c.355 §38; 2023 c.43 §3(2)]

Source: Section 238A.245 — Reemployment after commencement of pension benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 238.215 — OR Code / Title 22 / Chapter 238 / Section 238.215
238.215 Contributions by certain higher education employees
Status: in_force

Notwithstanding any other provision of this chapter:

(1) An employee, as defined in ORS 243.910 (Definitions for ORS 243.910 to 243.945) (2), who is an active member of the system and who has elected, and not canceled that election, to be assisted under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1) by the governing board of a public university listed in ORS 352.002 (Public universities) , may not contribute to the fund on any part of the annual salary of the employee in excess of $4,800 at any time during which the governing board assists the employee under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1).

(2) The current service pension, whether for service or disability retirement, under this chapter provided by the contributions of the employers of such employee shall be:

(a) If the governing board is assisting such employee under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1) at the time of retirement, a pension equal to the annuity provided by the employee’s accumulated contributions to the fund.

(b) If the governing board is not assisting such employee under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1) at the time of retirement, but previously so assisted the employee:

(A) For service before the date the governing board last ceased to assist the employee, a pension equal to the annuity provided by the employee’s accumulated contributions to the fund before that date.

(B) For service on and after the date the governing board last ceased to so assist the employee, a pension computed as provided in ORS 238.300 (Service retirement allowance) (2), but if the employee retires before reaching the normal retirement age, actuarially reduced and computed on the then attained age. For the purpose of computing the pension under this subparagraph, only the number of years of membership of the employee after the day before that date and only the salary of the employee on which the employee contributes to the fund for those years shall be considered.

(3) Subsection (2) of this section does not apply to an employee, as defined in ORS 243.910 (Definitions for ORS 243.910 to 243.945) (2), who is an active member of the system, who elected to be assisted by the State Board of Higher Education or governing board under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1) before January 1, 1968, who canceled that election within the first 60 days of the calendar year 1968 as provided in ORS 243.940 (Employee election) (5) and who does not thereafter elect to be assisted by the board under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1).

(4) Subsection (2) of this section does not apply to an employee, as defined in ORS 243.910 (Definitions for ORS 243.910 to 243.945) (2), who is an active member of the system and has been an active member of the system continuously since any date before January 1, 1968; who elected to be assisted by the State Board of Higher Education or governing board under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1) before January 1, 1968; and who cancels that election in any calendar year after 1968, but before the calendar year in which the employee retires, as provided in ORS 243.940 (Employee election) (5) and does not thereafter elect to be assisted by the board under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1). In this case the benefit, whether for service or disability retirement, shall be computed as under ORS 238.300 (Service retirement allowance) ; however, for service during periods in which the employee was assisted by the board under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1), a year of membership as used in ORS 238.300 (Service retirement allowance) (2) shall be a portion of a year which is represented by a fraction the numerator of which is $4,800 and the denominator of which is the salary earned by the employee in that year. However, in no case shall the fraction be greater than one. [Formerly 237.073; 2013 c.768 §111; 2015 c.767 §62]

Source: Section 238.215 — Contributions by certain higher education employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 236.100 — OR Code / Title 22 / Chapter 236 / Section 236.100
236.100 Political affiliation of person appointed to fill vacancy in partisan elective office
Status: in_force

(1) Except as provided in subsection (2) of this section, whenever a vacancy occurs in any partisan elective office in this state and is to be filled by appointment, no person shall be eligible for such appointment unless the person is affiliated, as determined by the appropriate entry on the person’s official election registration card with the same political party:

(a) As that by which the elected predecessor in the office was designated on the election ballot, if the name of the predecessor was printed on the election ballot.

(b) As that by which the elected predecessor in the office was designated on the elector registration card of the predecessor on the date of the election at which the predecessor was elected, if the name of the predecessor was not printed on the ballot.

(2) Under either of the following circumstances, a person who is otherwise eligible for appointment to fill a vacancy described in subsection (1) of this section may be appointed to fill the vacancy regardless of the person’s affiliation or lack of affiliation with a political party:

(a) If the name of the elected predecessor in the office was printed on the ballot and the predecessor was not designated on the election ballot as affiliated with a political party.

(b) If the name of the elected predecessor in the office was not printed on the ballot and the predecessor was not designated as affiliated with a political party on the elector registration card of the predecessor on the date of the election at which the predecessor was elected. [Formerly 236.135; 1985 c.586 §2; 1985 c.808 §74]

Source: Section 236.100 — Political affiliation of person appointed to fill vacancy in partisan elective office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 238a.310 — OR Code / Title 22 / Chapter 238a / Section 238a.310
238A.310 Termination of membership
Status: in_force

Membership under the individual account program terminates when:

(1) A member dies; or

(2) An inactive member receives a distribution of the vested accounts of the member under ORS 238A.375 (Distribution of accounts to inactive member) . [2003 c.733 §30]

Source: Section 238A.310 — Termination of membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).