reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.132 - Shared work benefits to be treated as salary.

Notwithstanding any other provision of this chapter or ORS chapter 238, benefits received by a member under ORS 657.370 to 657.390 shall be treated as salary. [2023 c.404 §24]
Note:
238A.132 was added to and made a part of ORS chapter 238A by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.134 - Treatment of prison chaplain’s housing allowance.

For purposes of determining the salary, as defined in ORS 238A.005 (17), of an active member of the Public Employees Retirement System, a housing allowance paid to a member in return for services as a prison chaplain shall be treated as if it were includable in the member’s taxable income under Oregon law. [2023 c.170 §2]
Note:
238A.134 was added to and made a part of ORS chapter 238A by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.140 - Accrual of retirement credit.

(1) An active member of the pension program accrues one year of retirement credit for each complete year of service and one-twelfth of a year of retirement credit for each full month and each major fraction of a month of service.
(2) An active member who is a school employee shall be credited with at least six months of retirement credit if the member performs service for a major fraction of each month of a school year that falls between January 1 and June 30, and at least six months of retirement credit if the member performs service for a major fraction of each month of a school year that falls between July 1 and December 31.
(3) When an eligible employee becomes a member under ORS 238A.100, the board shall credit the eligible employee with retirement credit for the period of employment required of the employee under ORS 238A.100.
(4) A member may not accrue more than one full year of retirement credit in any calendar year.
(5) For purposes of this section, "school employee" means:
(a) A person who is employed by a common school district, a union high school district or an education service district;
(b) An employee of an institution of higher education who is engaged in teaching or other school activity; and
(c) An employee of the Department of Human Services, the Oregon Youth Authority, the Department of Corrections or the State Board of Education who is engaged in teaching or other school activity at an institution supervised by the authority, board or department. [2003 c.733 §11; 2005 c.332 §§4,21; 2007 c.769 §8; 2011 c.637 §75a]
Note:
Section 11a, chapter 733, Oregon Laws 2003, provides:
Sec. 11a.
Notwithstanding section 11 (2) of this 2003 Act [238A.140 (3)], if an eligible employee is employed by a participating public employer in a qualifying position on or after the effective date of this 2003 Act [August 29, 2003] and before January 1, 2004, and will not receive benefits under ORS chapter 238 for service with the participating public employer pursuant to the provisions of section 2 of this 2003 Act [238A.025], the Public Employees Retirement Board shall not credit the eligible employee with retirement credit for any period of employment required of the employee under section 5 of this 2003 Act [238A.100] that is performed before January 1, 2004. [2003 c.733 §11a]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.142 - Accrual by academic employees of community college.

For purposes of calculating hours of service of an academic employee of a community college operated under ORS chapter 341 or a public university listed in ORS 352.002, each hour assigned to the academic employee as an hour of lecture time or as an hour of classroom time constitutes 2.67 hours of service. [2005 c.332 §20; 2007 c.769 §10; 2023 c.512 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.145 - Loss of retirement credit.

(1) A pension program member who is not vested forfeits all retirement credit if the member performs fewer than 600 hours of service in each of five consecutive calendar years. A forfeiture under this section takes effect at the end of the fifth calendar year.
(2) If a pension program member forfeits retirement credit under this section and is subsequently reemployed by a participating public employer:
(a) The person may acquire retirement credit under the pension program only for the purpose of service performed after the person is reemployed; and
(b) Any service performed before the forfeiture may not be credited toward the period of service required by ORS 238A.100 or 238A.115, or toward the accrual of retirement credit under ORS 238A.140, 238A.150 or 238A.155. [2003 c.733 §12]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.150 - Retirement credit for service in uniformed services; rules.

(1) Notwithstanding any other provision of ORS 238A.100 to 238A.250, an eligible employee who leaves a qualifying position for the purpose of performing service in the uniformed services, and who subsequently returns to employment with a participating public employer with reemployment rights under federal law, is entitled to accrue retirement credit, credit toward the probationary period required by ORS 238A.100 and credit toward the vesting requirements of ORS 238A.115 under rules adopted by the Public Employees Retirement Board pursuant to subsection (2) of this section.
(2) The board shall adopt rules establishing benefits and service credit for any period of service in the uniformed services by an employee described in subsection (1) of this section. For the purpose of adopting rules under this subsection, the board shall consider and take into account all federal law relating to benefits and service credit for any period of service in the uniformed services, including 26 U.S.C. 414(u), as in effect on December 31, 2022. Benefits and service credit under rules adopted by the board pursuant to this subsection may not exceed benefits and service credit required under federal law for periods of service in the uniformed services. [2003 c.733 §13; 2009 c.5 §3; 2009 c.909 §3; 2010 c.82 §3; 2011 c.7 §3; 2012 c.31 §3; 2013 c.377 §3; 2014 c.52 §3; 2015 c.442 §3; 2016 c.33 §4; 2017 c.527 §4; 2018 c.101 §4; 2019 c.319 §4; 2021 c.456 §5; 2022 c.83 §5; 2023 c.171 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.155 - Retirement credit for periods of disability.

(1) Notwithstanding any other provision of ORS 238A.100 to 238A.250, an active member of the pension program who becomes disabled shall accrue retirement credit and hours of service credit for vesting purposes for the period during which the member is disabled.
(2) Retirement credit accrues under this section only for as long as the member remains disabled or until the member reaches the normal retirement age under ORS 238A.160.
(3) If a disabled member does not return to employment with a participating public employer after the period of disability, the member shall receive a pension under ORS 238A.180, 238A.185 or 238A.190 upon retirement based on an adjusted salary. The adjusted salary shall be the salary paid to the disabled member on the date the member left active employment with the participating public employer by reason of disability, adjusted for each year after the member left employment and before the member’s effective date of retirement to reflect cost-of-living changes, based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. Adjustments under this subsection may not exceed a two percent increase or decrease for any year. An adjustment shall be made under this subsection only for calendar years in which the member is disabled for at least six months during the year.
(4) Retirement credit for the period of disability under this section shall be classified the same as the member’s last qualifying position prior to the disability.
(5) A pension program member is considered to be disabled for the purpose of this section if:
(a) The member is found, after being examined by one or more physicians selected by the Public Employees Retirement Board, to be mentally or physically incapacitated for an extended duration and unable to perform any work for which qualified, by reason of injury or disease that was not intentionally self-inflicted; or
(b) The member receives workers’ compensation benefits by reason of injury or disease that was sustained while in actual performance of duty with a participating public employer and that was not intentionally self-inflicted and returns to employment with a participating public employer after the period of disability. [2003 c.733 §14; 2017 c.653 §1; 2019 c.57 §12; 2023 c.404 §13]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.160 - Normal retirement age; normal retirement date.

(1) Except as provided in subsections (2) and (3) of this section, normal retirement age for a member of the pension program is the earlier of:
(a) 65 years of age; or
(b) 58 years of age if the member has 30 years or more of retirement credit.
(2)(a) Normal retirement age for a member of the pension program who retires from service as a police officer or firefighter, and whose last 60 months of retirement credit preceding retirement eligibility under this section is classified as retirement credit for service as a police officer or a firefighter, is the earlier of:
(A) 60 years of age; or
(B) 53 years of age if the member has 25 years or more of retirement credit.
(b) A member who establishes retirement eligibility under this subsection retains retirement eligibility as a police officer or firefighter, even if the member performs service thereafter only as other than a police officer or firefighter.
(c) A period of leave from a position as a police officer or firefighter for which a member is entitled to retirement credit for service as a police officer or firefighter and which is part of the member’s last 60 months of retirement credit preceding retirement eligibility under this section shall be counted as part of the last 60 months of retirement credit required for retirement eligibility under this section.
(d) Retirement credit for a month in which a member performs service as both a police officer or firefighter and as other than a police officer or firefighter shall be classified as retirement credit for service as a police officer or firefighter for purposes of this section.
(e) A member employed as a police officer or firefighter is not required to restart the last 60 months of retirement credit required for retirement eligibility under this section when the member:
(A) Is on unpaid leave from the member’s position as a police officer or firefighter and is receiving insurance payments for short-term or long-term disability for which retirement credit is not available under ORS 238A.155; and
(B) Is concurrently employed and performing service as other than a police officer or firefighter.
(3) Normal retirement age for a member of the pension program who retires from service as a school employee as defined by ORS 238A.140 is the earlier of:
(a) 65 years of age; or
(b) 58 years of age if the member has been an active member in 30 or more calendar years.
(4) The normal retirement date of a member is the first day of the month beginning on or after the date the member reaches normal retirement age. [2003 c.733 §15; 2005 c.808 §35; 2023 c.404 §18]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.165 - Earliest retirement age; earliest retirement date.

(1) Except as provided in this section, earliest retirement age for a member of the pension program is 55 years of age.
(2)(a) Earliest retirement age for a member of the pension program who retires from service as a police officer or firefighter is 50 years of age if the member’s last 60 months of retirement credit preceding retirement eligibility under this section is classified as retirement credit for service as a police officer or a firefighter. Earliest retirement date for a member described in this subsection is not later than the date the member reaches 55 years of age.
(b) A member who establishes retirement eligibility under this subsection retains retirement eligibility under this section as a police officer or firefighter, even if the member performs service thereafter only as other than a police officer or firefighter.
(c) A period of leave from a position as a police officer or firefighter for which a member is entitled to retirement credit for service as a police officer or firefighter and which is part of the member’s last 60 months of retirement credit preceding retirement eligibility under this section shall be counted as part of the last 60 months of retirement credit required for retirement eligibility under this section.
(d) Retirement credit for a month in which a member performs service as both a police officer or firefighter and as other than a police officer or firefighter shall be classified as retirement credit for service as a police officer or firefighter for purposes of this section.
(e) A member employed as a police officer or firefighter is not required to restart the last 60 months of retirement credit required for retirement eligibility under this section when the member:
(A) Is on unpaid leave from the member’s position as a police officer or firefighter and is receiving insurance payments for short-term or long-term disability for which retirement credit is not available under ORS 238A.155; and
(B) Is concurrently employed and performing service as other than a police officer or firefighter.
(3) If a member of the pension program has 25 years or more of retirement credit as a telecommunicator, as defined in ORS 181A.355, earliest retirement age for the member is 55 years of age or the age of the member when the member acquires a total of 25 years or more of retirement credit as a telecommunicator, whichever occurs first. A member who retires under this subsection before attaining the age of 55 shall not receive a cost-of-living adjustment under ORS 238A.210 until the member attains the age of 55.
(4) A member of the pension program who has reached earliest retirement age may retire on an early retirement date that is the first day of any month on or after the member has reached earliest retirement age. [2003 c.733 §16; 2005 c.332 §13; 2007 c.404 §2; 2007 c.769 §2; 2023 c.404 §19]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.170 - Latest retirement date; required minimum distributions; rules.

(1) An active member of the pension program who is 72 years of age or older must retire not later than April 1 of the calendar year following the calendar year in which the member terminates employment with all participating public employers. An inactive member of the pension program must retire not later than April 1 of the calendar year following the calendar year in which the member attains 72 years of age.
(2) Notwithstanding any other provision of ORS 238A.100 to 238A.250, the entire interest of a member of the pension program must be distributed over a time period commencing no later than the required beginning date set forth in subsection (1) of this section, and must be distributed in a manner that satisfies all other minimum distribution requirements of 26 U.S.C. 401(a)(9) and 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 §17; 2009 c.5 §4; 2009 c.909 §4; 2010 c.82 §4; 2011 c.7 §4; 2012 c.31 §4; 2013 c.377 §4; 2014 c.52 §4; 2015 c.442 §4; 2016 c.33 §5; 2017 c.527 §5; 2018 c.101 §5; 2019 c.319 §5; 2021 c.456 §6; 2022 c.83 §6; 2023 c.171 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.180 - Normal retirement benefit.

Upon retiring on normal retirement date or thereafter, a member of the pension program who is vested shall be paid an annual pension for the life of the member, calculated as provided in ORS 238A.125. The annual pension provided for under this section shall be paid in equal monthly installments, payable as of the first day of each calendar month, beginning on the later of the member’s normal retirement date or the member’s effective date of retirement and ending on the first day of the month in which the member dies. [2003 c.733 §18]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.185 - Early retirement.

A member of the pension program who is vested may retire with a reduced pension that is the actuarial equivalent of the pension provided for in ORS 238A.180 at any time on or after the member’s earliest retirement date as described in ORS 238A.165. [2003 c.733 §19]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.195 - Cash out of small benefits.

If the monthly pension benefit payable to a member of the pension program under ORS 238A.180 is less than $200, or the monthly death benefit payable to the beneficiary of a deceased member under ORS 238A.230 is less than $200, the Public Employees Retirement Board shall convert the benefit into a lump sum that represents the actuarial equivalent of the present value of the pension or death benefit and pay that amount to the member or the deceased member’s beneficiary in lieu of a pension or death benefit under ORS 238A.100 to 238A.250. [2003 c.733 §21]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.200 - Actuarial equivalency factor tables.

(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 of the pension program and their beneficiaries and alternate payees under ORS 238.465. The tables may be adopted in conjunction with the biennial evaluation of the Public Employees Retirement System required by ORS 238.605. 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 or alternate payee;
(b) The date that the first payment is due for any person receiving a death benefit under ORS 238A.230; or
(c) The date that the first payment is due after any recalculation of payments that is not attributable to error, including but not limited to recalculations under ORS 238.465 (2).
(2) The board may not defer or delay implementation of the actuarial equivalency factor tables adopted under this section. [2003 c.733 §22]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.210 - Cost-of-living adjustment.

(1) On July 1 of each year, the board shall increase every pension payable under ORS 238A.180, 238A.185 and 238A.190, every disability benefit under ORS 238A.235 and every death benefit payable under ORS 238A.230 as provided in subsection (2) of this section. The increase shall be made for the payments payable on August 1 and thereafter.
(2)(a) If a person’s yearly pension or benefit is $60,000 or less, the pension or benefit shall be increased by 1.25 percent.
(b) If a person’s yearly pension or benefit is more than $60,000, the pension or benefit shall be increased by $750 plus 0.15 percent of the amount of the yearly pension or benefit exceeding $60,000.
(3) As used in this section, "yearly pension or benefit" means the monthly pension or benefit that a person is entitled to on July 1 of the year in which the board is calculating the increase under subsection (1) of this section, multiplied by 12. [2003 c.733 §23; 2013 c.53 §§5,7; 2013 s.s. c.2 §3]
Note:
The text of 238A.210, as it existed before the amendments to 238A.210 by sections 5 and 7, chapter 53, Oregon Laws 2013, and section 3, chapter 2, Oregon Laws 2013 (special session), is set forth for the user’s convenience.
(1) As soon as practicable after January 1 each year, the Public Employees Retirement Board shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor. Before July 1 each year, the board shall adjust every pension payable under ORS 238A.180, 238A.185 and 238A.190, every disability benefit under ORS 238A.235 and every death benefit payable under ORS 238A.230 by multiplying the monthly payment by the percentage figure determined by the board. If a person has been receiving a pension or benefit for less than 12 months on July 1 of a calendar year, the board shall make a pro rata reduction of the adjustment based on the number of months that the pension or benefit was received before July 1 of the year. The adjustment shall be made for the payments payable on August 1 and thereafter.
(2) An increase or decrease in the benefit payments under this section may not exceed two percent in any year. A pension or death benefit may not be adjusted to an amount that is less than the amount that would have been payable if no cost-of-living adjustment had been made since the pension or death benefit first became payable.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.220 - Employer contributions.

(1) A participating public employer shall make employer contributions to the Public Employees Retirement Board at intervals designated by the board in the amounts determined by the board under ORS 238.225. All participating public employers shall be considered to be a single employer for the purposes of the employer contributions under ORS 238.225 that are required for funding the pension program established under ORS 238A.025.
(2) For the purpose of the actuarial computation required under ORS 238.225, the board shall separately establish the liability of participating public employers for police officers and firefighters under the pension program and shall require that public employers that employ police officers and firefighters who are members of the pension program make contributions for those employees based on the liability established under this subsection. [2003 c.733 §24; 2005 c.808 §17]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.235 - Disability benefit.

(1) An active member of the pension program described in subsection (2) of this section who becomes disabled shall receive a disability benefit in the amount of 45 percent of the salary of the member determined as of the last full month of employment before the disability commences.
(2) The provisions of this section apply only to:
(a) A member, other than a school employee as defined by ORS 238A.140, who has accrued 10 years or more of retirement credit before the member becomes disabled;
(b) A member who is a school employee as defined by ORS 238A.140 and who was an active member in 10 or more calendar years before the member becomes disabled; or
(c) A member who becomes disabled by reason of injury or disease sustained while in the actual performance of duty.
(3) A disability benefit under this section shall be paid until:
(a) The member is no longer disabled;
(b) The member attains normal retirement age under ORS 238A.160; or
(c) The member retires on or after the earliest normal retirement date for the member under ORS 238A.165.
(4) A member is considered to be disabled for the purpose of this section if the member is found, after being examined by one or more physicians selected by the board, to be mentally or physically incapacitated for an extended duration and unable to perform any work for which qualified, by reason of injury or disease that was not intentionally self-inflicted. [2003 c.733 §25a; 2005 c.808 §36; 2009 c.103 §3; 2023 c.404 §20]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.240 - Funding of disability benefit.

(1) A participating public employer shall contribute to the pension program, at intervals designated by the Public Employees Retirement Board, all amounts determined by the board to be actuarially necessary to adequately fund the disability benefits to be provided under ORS 238A.235 and the reasonable costs of administering the provision of those benefits. The board shall periodically determine the liabilities attributable to the disability benefits and shall set the amount of contributions to be made by participating public employers, and by other public employers who are required to make contributions on behalf of members, to ensure that those liabilities will be funded no more than 40 years after the date on which the determination is made. All participating public employers shall be considered to be a single employer for the purposes of the contributions required under this section.
(2) For the purpose of the actuarial computation required under subsection (1) of this section, the board shall separately establish the liability of participating public employers for police officers and firefighters, and shall require that public employers that employ police officers and firefighters make contributions for those employees based on the liability established under this section. [2003 c.733 §25b]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.250 - Option of legislators to receive certain benefits.

Notwithstanding any other provision of this chapter:
(1) A retired member who has retired as other than a member of the Legislative Assembly and who is thereafter appointed or elected as a member of the Legislative Assembly may elect, by giving the Public Employees Retirement Board written notice, to receive the pension provided by this chapter for service as other than a member of the Legislative Assembly, and be an active member as a member of the Legislative Assembly for the purpose of service in the Legislative Assembly. A person may make an election under this subsection only if the person becomes an active member for the purpose of service in the Legislative Assembly as provided in ORS 237.650 (5). Notice of an election under this subsection must be given by the person not more than 30 days after the person takes office.
(2) A member of the Legislative Assembly who is a member of the Public Employees Retirement System under this chapter as a member of the Legislative Assembly and who becomes eligible to retire by reason of service as other than a member of the Legislative Assembly, without regard to when that service was performed, may elect, by giving the board written notice, to retire and receive the pension provided by this chapter for service as other than a member of the Legislative Assembly, and to continue, for the purpose of service in the Legislative Assembly, as an active member as a member of the Legislative Assembly.
(3) Upon receipt of the notice provided for in subsection (1) or (2) of this section, the board shall determine the member’s pension for nonlegislative service based on the number of years of nonlegislative service, and shall determine any additional pension to be received after the member subsequently retires based on the number of years of service in the Legislative Assembly. [2013 s.s. c.3 §11]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.300 - Establishing membership under individual account program.

(1) Except as provided in ORS 238A.100 (2) and subsection (2) of this section, an eligible employee who is employed in a qualifying position on or after August 29, 2003, by a public employer that is participating in the individual account program and who will not receive benefits under ORS chapter 238 for service with the participating public employer pursuant to the provisions of ORS 238A.025 becomes a member of the individual account program on the first day of the month after the employee completes six full calendar months of employment. The six-month probationary period may not be interrupted by more than 30 consecutive working days.
(2) An inactive member of the pension program who terminated membership in the individual account program pursuant to ORS 238A.310 (2) becomes a member of the individual account program immediately upon reemployment in a qualifying position. [2003 c.733 §29; 2011 c.722 §19]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.305 - Persons establishing membership in system before August 29, 2003.

(1) Except as provided in subsection (2) of this section, all members of the Public Employees Retirement System who established membership in the Public Employees Retirement System before August 29, 2003, as described in ORS 238A.025 become members of the individual account program on January 1, 2004.
(2) A member of the Public Employees Retirement System may not be a member of the individual account program during any period of time during which the member is required to make contributions to the system under ORS 238.200.
(3) Solely for the purpose of determining the amount of the employee contribution for persons who become members of the individual account program under this section, whether paid by the employee or by the employer, the Public Employees Retirement Board shall use the definition of "salary" provided by ORS 238.005. [2003 c.733 §33; 2005 c.332 §17; 2007 c.769 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.310 - Termination of membership.

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. [2003 c.733 §30]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.320 - Vesting.

(1) A member of the individual account program becomes vested in the employee account established for the member under ORS 238A.350 (2) on the date the employee account is established.
(2) A member who makes rollover contributions becomes vested in the rollover account established for the member under ORS 238A.350 (4) on the date the rollover account is established.
(3) Except as provided in subsection (4) of this section, if an employer makes employer contributions for a member under ORS 238A.340 the member becomes vested in the employer account established under ORS 238A.350 (3) on the earliest of the following dates:
(a) The date on which the member completes at least 600 hours of service in each of five calendar years. The five calendar years need not be consecutive, but are subject to the provisions of subsection (5) of this section.
(b) The date on which an active member reaches the normal retirement age for the member under ORS 238A.160.
(c) If the individual account program is terminated, the date on which termination becomes effective, but only to the extent the account is then funded.
(d) The date on which an active member becomes disabled, as described in ORS 238A.155.
(e) The date on which an active member dies.
(4) If on the date that a person becomes an active member the person has already reached the normal retirement age for the person under ORS 238A.160, and the employer makes employer contributions for the member under ORS 238A.340, the person is vested in the employer account established under ORS 238A.350 (3) on that date.
(5) If a member of the individual account program who is not vested in the employer account performs fewer than 600 hours of service in each of five consecutive calendar years, hours of service performed before the first calendar year of the period of five consecutive calendar years shall be disregarded for purposes of determining whether the member is vested under subsection (3)(a) of this section.
(6) Solely for purposes of determining whether a member is vested under subsection (3)(a) of this section, hours of service include creditable service, as defined in ORS 238.005, performed by the person before the person became an eligible employee, as long as the membership of the person under ORS chapter 238 has not been terminated under the provisions of ORS 238.095 on the date the person becomes an eligible employee.
(7) A member becomes vested in the employee pension stability account established for the member under ORS 238A.353 on the date the employee pension stability account is established. [2003 c.733 §31; 2011 c.9 §27; 2011 c.722 §11; 2019 c.355 §6; 2023 c.404 §14]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.335 - Employer payment of employee contribution.

(1) A participating public employer may agree, by a written employment policy or by a collective bargaining agreement, to pay the employee contribution required under ORS 238A.330 (1). The policy or agreement need not include all members of the individual account program employed by the employer.
(2) An agreement under this section may provide that:
(a) Amounts be deducted from employee compensation to generate the funds needed to make employee contributions; or
(b) Additional amounts be paid by the employer for the purpose of making employee contributions.
(3) A participating public employer must give written notice to the Public Employees Retirement Board at the time that an agreement under subsection (1) of this section is adopted or changed. The notice must specifically indicate whether the agreement is as described in subsection (2)(a) or (b) of this section. An agreement under this section, and any change to an agreement under this section, applies only to employee contributions for pay periods beginning on or after the date that the notice is received by the board.
(4) The board may charge a participating public employer accrued earnings for late payment of employee contributions made under this section. [2003 c.733 §34; 2019 c.355 §7; 2021 c.137 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.340 - Employer contributions.

(1) A participating public employer may agree, by a written employment policy or agreement, to make employer contributions for members of the individual account program employed by the employer. The percentage of salary paid as employer contributions may not be less than one percent of salary or more than six percent of salary, and must be a whole number. A participating public employer may make an agreement under this section for specific groups of employees employed by the public employer.
(2) If a participating public employer makes employer contributions under this section and the member for which the contributions are made fails to vest in the employer account under the provisions of ORS 238A.320, the Public Employees Retirement Board shall apply the contributions in the employer account against other obligations of the employer under the Oregon Public Service Retirement Plan.
(3) The board may charge a participating public employer accrued earnings for late payment of employer contributions made under this section. [2003 c.733 §36; 2021 c.137 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.350 - Individual accounts established.

(1) Upon any contributions being made to the individual account program by or on behalf of a member of the program, the Public Employees Retirement Board shall create the account or accounts described in this section. Each account shall be adjusted at least annually in accordance with rules adopted by the board to reflect any net earnings or losses on those contributions and to pay the reasonable administrative costs of maintaining the program to the extent the earnings on the assets of the program are insufficient to pay those costs. The adjustments described in this subsection shall continue until the account is distributed to the member or forfeited.
(2)(a) The board shall establish an employee account, which shall consist of the employee contributions made by or on behalf of the member as adjusted under subsection (1) of this section.
(b) The board shall create a separate employee account for a member who becomes an active member for the purpose of service in the Legislative Assembly under ORS 237.650, which shall consist of the employee contributions made by or on behalf of the member that are attributable to the member’s legislative service, as adjusted under subsection (1) of this section.
(3) If the public employer agrees to make employer contributions under ORS 238A.340, the board shall establish an employer account, which shall consist of the employer contributions made on behalf of the member as adjusted under subsection (1) of this section.
(4) If the board accepts rollover contributions on behalf of the member, the board shall establish a rollover account, which shall consist of the rollover contributions made by the member as adjusted under subsection (1) of this section. Contributions and the earnings attributable to the contributions must be accounted for separately.
(5) The board shall provide an annual statement to each active and inactive member of the program that reflects the amount credited to the accounts established under this section. The statement shall reflect whether the member is vested in the employer account under the provisions of ORS 238A.320. [2003 c.733 §37; 2013 s.s. c.3 §13]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.353 - Employee pension stability accounts established.

(1) The Public Employees Retirement Board shall establish an employee pension stability account for each active member of the Public Employees Retirement System.
(2) Each account established under this section shall be adjusted at least annually in accordance with rules adopted by the board to reflect any net earnings or losses on the amounts in the account. The adjustments described in this subsection shall continue until the amounts in the account are withdrawn or applied against the costs of the pension or other retirement benefits that are payable to the member or the member’s beneficiary under this chapter or ORS chapter 238.
(3)(a) Unless the amounts in an account established under this section are withdrawn under ORS 238A.375, the amounts in the account established under this section shall be applied by the board to pay the costs of the pension or other retirement benefits that are payable to the member or the member’s beneficiary under this chapter or ORS chapter 238 and that accrue on or after July 1, 2020.
(b) If the amounts in the account established under this section exceed the costs of the pension or other retirement benefits that are payable to the member or the member’s beneficiary under this chapter or ORS chapter 238 and that accrue on or after July 1, 2020, the board shall refund the excess amounts in a lump sum to the member or the member’s beneficiary. [2019 c.355 §3]
Note:
238A.353 was added to and made a part of ORS chapter 238A by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.360 - Rollover contributions; rules.

(1) The Public Employees Retirement Board may accept rollover contributions from a member of the individual account program or from an eligible retirement plan from which the member is entitled to an eligible rollover distribution. The board may accept rollover contributions under this section only if the amounts contributed qualify as eligible rollover distributions under the federal income tax laws governing tax-qualified retirement plans and, if the rollover contribution is made by the member, the contribution is paid to the individual account program within the time limits established by the federal income tax laws governing tax-qualified retirement plans.
(2) The board shall adopt rules and establish procedures for determining whether to accept a rollover contribution under this section and shall require such documentation as may be necessary to ensure that the receipt of a rollover contribution does not jeopardize the status of the individual account program as a tax-qualified governmental plan. [2003 c.733 §38]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.370 - Limitation on contributions; rules.

Notwithstanding any other provision of ORS 238A.300 to 238A.415, the annual addition to the employee and employer accounts of a member of the individual account program for a calendar year, together with the annual additions to the accounts of the member under any other defined contribution plan maintained by the participating public employer for a calendar year, may not exceed the lesser of $40,000, or 100 percent of the member’s compensation for that calendar year. For purposes of this section, "annual addition" has the meaning given that term in 26 U.S.C. 415(c)(2), as in effect on December 31, 2022, and "compensation" has the meaning given the term "participant’s compensation" in 26 U.S.C. 415(c)(3), as in effect on December 31, 2022. The Public Employees Retirement Board shall adopt rules for the administration of this limitation, including adjustments in the annual dollar limitation to reflect cost-of-living adjustments authorized by the Internal Revenue Service. [2003 c.733 §39; 2009 c.5 §6; 2009 c.909 §6; 2010 c.82 §6; 2011 c.7 §6; 2012 c.31 §6; 2013 c.377 §6; 2014 c.52 §6; 2015 c.442 §6; 2016 c.33 §7; 2017 c.527 §7; 2018 c.101 §7; 2019 c.319 §7; 2021 c.456 §8; 2022 c.83 §8; 2023 c.171 §8]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 238A - Oregon Public Service Retirement Plan › Section 238A.375 - Distribution of accounts to inactive member.

(1)(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 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, and the member’s employee pension stability account described in ORS 238A.353, 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. A member who has an account established under ORS 238.440 may make an election under this section only if the member also withdraws the account established under ORS 238.440.
(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. [2003 c.733 §40; 2005 c.152 §3; 2007 c.52 §3; 2019 c.355 §8; 2021 c.135 §5]