State Codes and Statutes

Statutes > Oregon > Vol6 > 238a

Chapter 238A — OregonPublic Service Retirement Plan

 

2009 EDITION

 

 

OREGONPUBLIC SERVICE RETIREMENT PLAN

 

PUBLICOFFICERS AND EMPLOYEES

 

GENERALPROVISIONS

 

238A.005  Definitions

 

238A.010  Computationof hours of service

 

OREGONPUBLIC SERVICE RETIREMENT PLAN

 

238A.025  OregonPublic Service Retirement Plan established

 

238A.030  Informationtechnology system

 

ADMINISTRATION

 

238A.050  OregonPublic Service Retirement Plan part of Public Employees Retirement System

 

PARTICIPATIONBY PUBLIC EMPLOYERS

 

238A.070  Participationgenerally

 

PENSIONPROGRAM

 

(Membership)

 

238A.100  Establishingmembership under pension program

 

238A.110  Terminationof membership

 

(Vesting)

 

238A.115  Vesting

 

(Withdrawal)

 

238A.120  Withdrawalfrom pension program by vested inactive member

 

(Computationof Benefit)

 

238A.125  Amountof pension; rules

 

238A.130  Finalaverage salary; rules

 

(RetirementCredit)

 

238A.140  Accrualof retirement credit

 

238A.142  Accrualby academic employees of community college

 

238A.145  Lossof retirement credit

 

238A.150  Retirementcredit for service in uniformed services; rules

 

238A.155  Retirementcredit for periods of disability

 

(Retirement)

 

238A.160  Normalretirement age; normal retirement date

 

238A.165  Earliestretirement age; earliest retirement date

 

238A.170  Latestretirement date; required minimum distributions; rules

 

(Pension)

 

238A.180  Normalretirement benefit

 

238A.185  Earlyretirement

 

238A.190  Survivorshipbenefits

 

238A.195  Cashout of small benefits

 

238A.200  Actuarialequivalency factor tables

 

(Cost-of-LivingAdjustment)

 

238A.210  Cost-of-livingadjustment

 

(EmployerContributions)

 

238A.220  Employercontributions

 

(DeathBenefit)

 

238A.230  Deathbenefit; rules

 

(DisabilityBenefit)

 

238A.235  Disabilitybenefit

 

238A.240  Fundingof disability benefit

 

(Reemploymentof Retired Members)

 

238A.245  Reemploymentafter commencement of pension benefits

 

INDIVIDUALACCOUNT PROGRAM

 

(Membership)

 

238A.300  Establishingmembership under individual account program

 

238A.305  Personsestablishing membership in system before August 29, 2003

 

238A.310  Terminationof membership

 

(Vesting)

 

238A.320  Vesting

 

(EmployeeContributions)

 

238A.330  Employeecontributions

 

238A.335  Employerpayment of employee contribution

 

(EmployerContributions)

 

238A.340  Employercontributions

 

(IndividualAccounts)

 

238A.350  Individualaccounts established

 

(RolloverContributions)

 

238A.360  Rollovercontributions; rules

 

(Limitationon Contributions)

 

238A.370  Limitationon contributions; rules

 

(Withdrawalby Inactive Member)

 

238A.375  Distributionof accounts to inactive member

 

(DefinedContribution Benefit)

 

238A.400  Paymentof accounts at retirement; rules

 

238A.410  Deathbenefits; rules

 

238A.415  Creditfor service in uniformed services; rules

 

DIRECTROLLOVERS

 

238A.430  Directrollovers; rules

 

238A.435  Distributionof death benefit as rollover distribution

 

RULES

 

238A.450  Rulesfor Oregon Public Service Retirement Plan

 

CHANGESTO OREGON PUBLIC SERVICE RETIREMENT PLAN

 

238A.460  Limitationon powers of board, director and staff

 

238A.465  Legislativeintent relating to increased benefits

 

238A.470  Contractrights under Oregon Public Service Retirement Plan

 

238A.475  Applicationof legislative changes to legislators

 

GENERALPROVISIONS

 

      238A.005Definitions.For the purposes of this chapter:

      (1)“Active member” means a member of the pension program or the individual accountprogram of the Oregon Public Service Retirement Plan who is actively employedin a qualifying position.

      (2)“Actuarial equivalent” means a payment or series of payments having the samevalue as the payment or series of payments replaced, computed on the basis ofinterest rate and mortality assumptions adopted by the board.

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

      (4)“Eligible employee” means a person who performs services for a participatingpublic employer, including elected officials other than judges. “Eligibleemployee” does not include:

      (a)Persons engaged as independent contractors;

      (b)Aliens working under a training or educational visa;

      (c)Persons, other than workers in the Industries for the Blind Program under ORS346.190, provided sheltered employment or make-work by a public employer;

      (d)Persons categorized by a participating public employer as student employees;

      (e)Any person who is an inmate of a state institution;

      (f)Employees of foreign trade offices of the Oregon Business DevelopmentDepartment who live and perform services in foreign countries under theprovisions of ORS 285A.075 (1)(g);

      (g)An employee actively participating in an alternative retirement programestablished under ORS 353.250 or an optional retirement plan established underORS 341.551;

      (h)Employees of the Oregon University System who are actively participating in anoptional retirement plan offered under ORS 243.800;

      (i)Any employee who belongs to a class of employees that was not eligible onAugust 28, 2003, for membership in the system under the provisions of ORSchapter 238 or other law;

      (j)Any person who belongs to a class of employees who are not eligible to becomemembers of the Oregon Public Service Retirement Plan under the provisions ofORS 238A.070 (2);

      (k)Any person who is retired under ORS 238A.100 to 238A.245 or ORS chapter 238 andwho continues to receive retirement benefits while employed; and

      (L)Judges.

      (5)“Firefighter” means:

      (a)A person employed by a local government, as defined in ORS 174.116, whoseprimary job duties include the fighting of fires;

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

      (c)An employee of the State Forestry Department who is certified by the StateForester as a professional wildland firefighter and whose primary dutiesinclude the abatement of uncontrolled fires as described in ORS 477.064.

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

      (7)(a)“Hour of service” means:

      (A)An hour for which an eligible employee is directly or indirectly paid orentitled to payment by a participating public employer for performance ofduties in a qualifying position; and

      (B)An hour of vacation, holiday, illness, incapacity, jury duty, military duty orauthorized leave during which an employee does not perform duties but for whichthe employee is directly or indirectly paid or entitled to payment by aparticipating public employer for services in a qualifying position, as long asthe hour is within the number of hours regularly scheduled for the performanceof duties during the period of vacation, holiday, illness, incapacity, juryduty, military duty or authorized leave.

      (b)“Hour of service” does not include any hour for which payment is made or dueunder a plan maintained solely for the purpose of complying with applicableworkers’ compensation laws or unemployment compensation laws.

      (8)“Inactive member” means a member of the pension program or the individualaccount program of the Oregon Public Service Retirement Plan whose membershiphas not been terminated, who is not a retired member and who is not employed ina qualifying position.

      (9)“Individual account program” means the defined contribution individual accountprogram of the Oregon Public Service Retirement Plan established under ORS238A.025.

      (10)“Member” means an eligible employee who has established membership in thepension program or the individual account program of the Oregon Public ServiceRetirement Plan and whose membership has not been terminated under ORS 238A.110or 238A.310.

      (11)“Participating public employer” means a public employer as defined in ORS238.005 that provides retirement benefits for employees of the public employerunder the system.

      (12)“Pension program” means the defined benefit pension program of the OregonPublic Service Retirement Plan established under ORS 238A.025.

      (13)“Police officer” means a police officer as described in ORS 238.005.

State Codes and Statutes

Statutes > Oregon > Vol6 > 238a

Chapter 238A — OregonPublic Service Retirement Plan

 

2009 EDITION

 

 

OREGONPUBLIC SERVICE RETIREMENT PLAN

 

PUBLICOFFICERS AND EMPLOYEES

 

GENERALPROVISIONS

 

238A.005  Definitions

 

238A.010  Computationof hours of service

 

OREGONPUBLIC SERVICE RETIREMENT PLAN

 

238A.025  OregonPublic Service Retirement Plan established

 

238A.030  Informationtechnology system

 

ADMINISTRATION

 

238A.050  OregonPublic Service Retirement Plan part of Public Employees Retirement System

 

PARTICIPATIONBY PUBLIC EMPLOYERS

 

238A.070  Participationgenerally

 

PENSIONPROGRAM

 

(Membership)

 

238A.100  Establishingmembership under pension program

 

238A.110  Terminationof membership

 

(Vesting)

 

238A.115  Vesting

 

(Withdrawal)

 

238A.120  Withdrawalfrom pension program by vested inactive member

 

(Computationof Benefit)

 

238A.125  Amountof pension; rules

 

238A.130  Finalaverage salary; rules

 

(RetirementCredit)

 

238A.140  Accrualof retirement credit

 

238A.142  Accrualby academic employees of community college

 

238A.145  Lossof retirement credit

 

238A.150  Retirementcredit for service in uniformed services; rules

 

238A.155  Retirementcredit for periods of disability

 

(Retirement)

 

238A.160  Normalretirement age; normal retirement date

 

238A.165  Earliestretirement age; earliest retirement date

 

238A.170  Latestretirement date; required minimum distributions; rules

 

(Pension)

 

238A.180  Normalretirement benefit

 

238A.185  Earlyretirement

 

238A.190  Survivorshipbenefits

 

238A.195  Cashout of small benefits

 

238A.200  Actuarialequivalency factor tables

 

(Cost-of-LivingAdjustment)

 

238A.210  Cost-of-livingadjustment

 

(EmployerContributions)

 

238A.220  Employercontributions

 

(DeathBenefit)

 

238A.230  Deathbenefit; rules

 

(DisabilityBenefit)

 

238A.235  Disabilitybenefit

 

238A.240  Fundingof disability benefit

 

(Reemploymentof Retired Members)

 

238A.245  Reemploymentafter commencement of pension benefits

 

INDIVIDUALACCOUNT PROGRAM

 

(Membership)

 

238A.300  Establishingmembership under individual account program

 

238A.305  Personsestablishing membership in system before August 29, 2003

 

238A.310  Terminationof membership

 

(Vesting)

 

238A.320  Vesting

 

(EmployeeContributions)

 

238A.330  Employeecontributions

 

238A.335  Employerpayment of employee contribution

 

(EmployerContributions)

 

238A.340  Employercontributions

 

(IndividualAccounts)

 

238A.350  Individualaccounts established

 

(RolloverContributions)

 

238A.360  Rollovercontributions; rules

 

(Limitationon Contributions)

 

238A.370  Limitationon contributions; rules

 

(Withdrawalby Inactive Member)

 

238A.375  Distributionof accounts to inactive member

 

(DefinedContribution Benefit)

 

238A.400  Paymentof accounts at retirement; rules

 

238A.410  Deathbenefits; rules

 

238A.415  Creditfor service in uniformed services; rules

 

DIRECTROLLOVERS

 

238A.430  Directrollovers; rules

 

238A.435  Distributionof death benefit as rollover distribution

 

RULES

 

238A.450  Rulesfor Oregon Public Service Retirement Plan

 

CHANGESTO OREGON PUBLIC SERVICE RETIREMENT PLAN

 

238A.460  Limitationon powers of board, director and staff

 

238A.465  Legislativeintent relating to increased benefits

 

238A.470  Contractrights under Oregon Public Service Retirement Plan

 

238A.475  Applicationof legislative changes to legislators

 

GENERALPROVISIONS

 

      238A.005Definitions.For the purposes of this chapter:

      (1)“Active member” means a member of the pension program or the individual accountprogram of the Oregon Public Service Retirement Plan who is actively employedin a qualifying position.

      (2)“Actuarial equivalent” means a payment or series of payments having the samevalue as the payment or series of payments replaced, computed on the basis ofinterest rate and mortality assumptions adopted by the board.

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

      (4)“Eligible employee” means a person who performs services for a participatingpublic employer, including elected officials other than judges. “Eligibleemployee” does not include:

      (a)Persons engaged as independent contractors;

      (b)Aliens working under a training or educational visa;

      (c)Persons, other than workers in the Industries for the Blind Program under ORS346.190, provided sheltered employment or make-work by a public employer;

      (d)Persons categorized by a participating public employer as student employees;

      (e)Any person who is an inmate of a state institution;

      (f)Employees of foreign trade offices of the Oregon Business DevelopmentDepartment who live and perform services in foreign countries under theprovisions of ORS 285A.075 (1)(g);

      (g)An employee actively participating in an alternative retirement programestablished under ORS 353.250 or an optional retirement plan established underORS 341.551;

      (h)Employees of the Oregon University System who are actively participating in anoptional retirement plan offered under ORS 243.800;

      (i)Any employee who belongs to a class of employees that was not eligible onAugust 28, 2003, for membership in the system under the provisions of ORSchapter 238 or other law;

      (j)Any person who belongs to a class of employees who are not eligible to becomemembers of the Oregon Public Service Retirement Plan under the provisions ofORS 238A.070 (2);

      (k)Any person who is retired under ORS 238A.100 to 238A.245 or ORS chapter 238 andwho continues to receive retirement benefits while employed; and

      (L)Judges.

      (5)“Firefighter” means:

      (a)A person employed by a local government, as defined in ORS 174.116, whoseprimary job duties include the fighting of fires;

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

      (c)An employee of the State Forestry Department who is certified by the StateForester as a professional wildland firefighter and whose primary dutiesinclude the abatement of uncontrolled fires as described in ORS 477.064.

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

      (7)(a)“Hour of service” means:

      (A)An hour for which an eligible employee is directly or indirectly paid orentitled to payment by a participating public employer for performance ofduties in a qualifying position; and

      (B)An hour of vacation, holiday, illness, incapacity, jury duty, military duty orauthorized leave during which an employee does not perform duties but for whichthe employee is directly or indirectly paid or entitled to payment by aparticipating public employer for services in a qualifying position, as long asthe hour is within the number of hours regularly scheduled for the performanceof duties during the period of vacation, holiday, illness, incapacity, juryduty, military duty or authorized leave.

      (b)“Hour of service” does not include any hour for which payment is made or dueunder a plan maintained solely for the purpose of complying with applicableworkers’ compensation laws or unemployment compensation laws.

      (8)“Inactive member” means a member of the pension program or the individualaccount program of the Oregon Public Service Retirement Plan whose membershiphas not been terminated, who is not a retired member and who is not employed ina qualifying position.

      (9)“Individual account program” means the defined contribution individual accountprogram of the Oregon Public Service Retirement Plan established under ORS238A.025.

      (10)“Member” means an eligible employee who has established membership in thepension program or the individual account program of the Oregon Public ServiceRetirement Plan and whose membership has not been terminated under ORS 238A.110or 238A.310.

      (11)“Participating public employer” means a public employer as defined in ORS238.005 that provides retirement benefits for employees of the public employerunder the system.

      (12)“Pension program” means the defined benefit pension program of the OregonPublic Service Retirement Plan established under ORS 238A.025.

      (13)“Police officer” means a police officer as described in ORS 238.005.

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State Codes and Statutes

State Codes and Statutes

Statutes > Oregon > Vol6 > 238a

Chapter 238A — OregonPublic Service Retirement Plan

 

2009 EDITION

 

 

OREGONPUBLIC SERVICE RETIREMENT PLAN

 

PUBLICOFFICERS AND EMPLOYEES

 

GENERALPROVISIONS

 

238A.005  Definitions

 

238A.010  Computationof hours of service

 

OREGONPUBLIC SERVICE RETIREMENT PLAN

 

238A.025  OregonPublic Service Retirement Plan established

 

238A.030  Informationtechnology system

 

ADMINISTRATION

 

238A.050  OregonPublic Service Retirement Plan part of Public Employees Retirement System

 

PARTICIPATIONBY PUBLIC EMPLOYERS

 

238A.070  Participationgenerally

 

PENSIONPROGRAM

 

(Membership)

 

238A.100  Establishingmembership under pension program

 

238A.110  Terminationof membership

 

(Vesting)

 

238A.115  Vesting

 

(Withdrawal)

 

238A.120  Withdrawalfrom pension program by vested inactive member

 

(Computationof Benefit)

 

238A.125  Amountof pension; rules

 

238A.130  Finalaverage salary; rules

 

(RetirementCredit)

 

238A.140  Accrualof retirement credit

 

238A.142  Accrualby academic employees of community college

 

238A.145  Lossof retirement credit

 

238A.150  Retirementcredit for service in uniformed services; rules

 

238A.155  Retirementcredit for periods of disability

 

(Retirement)

 

238A.160  Normalretirement age; normal retirement date

 

238A.165  Earliestretirement age; earliest retirement date

 

238A.170  Latestretirement date; required minimum distributions; rules

 

(Pension)

 

238A.180  Normalretirement benefit

 

238A.185  Earlyretirement

 

238A.190  Survivorshipbenefits

 

238A.195  Cashout of small benefits

 

238A.200  Actuarialequivalency factor tables

 

(Cost-of-LivingAdjustment)

 

238A.210  Cost-of-livingadjustment

 

(EmployerContributions)

 

238A.220  Employercontributions

 

(DeathBenefit)

 

238A.230  Deathbenefit; rules

 

(DisabilityBenefit)

 

238A.235  Disabilitybenefit

 

238A.240  Fundingof disability benefit

 

(Reemploymentof Retired Members)

 

238A.245  Reemploymentafter commencement of pension benefits

 

INDIVIDUALACCOUNT PROGRAM

 

(Membership)

 

238A.300  Establishingmembership under individual account program

 

238A.305  Personsestablishing membership in system before August 29, 2003

 

238A.310  Terminationof membership

 

(Vesting)

 

238A.320  Vesting

 

(EmployeeContributions)

 

238A.330  Employeecontributions

 

238A.335  Employerpayment of employee contribution

 

(EmployerContributions)

 

238A.340  Employercontributions

 

(IndividualAccounts)

 

238A.350  Individualaccounts established

 

(RolloverContributions)

 

238A.360  Rollovercontributions; rules

 

(Limitationon Contributions)

 

238A.370  Limitationon contributions; rules

 

(Withdrawalby Inactive Member)

 

238A.375  Distributionof accounts to inactive member

 

(DefinedContribution Benefit)

 

238A.400  Paymentof accounts at retirement; rules

 

238A.410  Deathbenefits; rules

 

238A.415  Creditfor service in uniformed services; rules

 

DIRECTROLLOVERS

 

238A.430  Directrollovers; rules

 

238A.435  Distributionof death benefit as rollover distribution

 

RULES

 

238A.450  Rulesfor Oregon Public Service Retirement Plan

 

CHANGESTO OREGON PUBLIC SERVICE RETIREMENT PLAN

 

238A.460  Limitationon powers of board, director and staff

 

238A.465  Legislativeintent relating to increased benefits

 

238A.470  Contractrights under Oregon Public Service Retirement Plan

 

238A.475  Applicationof legislative changes to legislators

 

GENERALPROVISIONS

 

      238A.005Definitions.For the purposes of this chapter:

      (1)“Active member” means a member of the pension program or the individual accountprogram of the Oregon Public Service Retirement Plan who is actively employedin a qualifying position.

      (2)“Actuarial equivalent” means a payment or series of payments having the samevalue as the payment or series of payments replaced, computed on the basis ofinterest rate and mortality assumptions adopted by the board.

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

      (4)“Eligible employee” means a person who performs services for a participatingpublic employer, including elected officials other than judges. “Eligibleemployee” does not include:

      (a)Persons engaged as independent contractors;

      (b)Aliens working under a training or educational visa;

      (c)Persons, other than workers in the Industries for the Blind Program under ORS346.190, provided sheltered employment or make-work by a public employer;

      (d)Persons categorized by a participating public employer as student employees;

      (e)Any person who is an inmate of a state institution;

      (f)Employees of foreign trade offices of the Oregon Business DevelopmentDepartment who live and perform services in foreign countries under theprovisions of ORS 285A.075 (1)(g);

      (g)An employee actively participating in an alternative retirement programestablished under ORS 353.250 or an optional retirement plan established underORS 341.551;

      (h)Employees of the Oregon University System who are actively participating in anoptional retirement plan offered under ORS 243.800;

      (i)Any employee who belongs to a class of employees that was not eligible onAugust 28, 2003, for membership in the system under the provisions of ORSchapter 238 or other law;

      (j)Any person who belongs to a class of employees who are not eligible to becomemembers of the Oregon Public Service Retirement Plan under the provisions ofORS 238A.070 (2);

      (k)Any person who is retired under ORS 238A.100 to 238A.245 or ORS chapter 238 andwho continues to receive retirement benefits while employed; and

      (L)Judges.

      (5)“Firefighter” means:

      (a)A person employed by a local government, as defined in ORS 174.116, whoseprimary job duties include the fighting of fires;

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

      (c)An employee of the State Forestry Department who is certified by the StateForester as a professional wildland firefighter and whose primary dutiesinclude the abatement of uncontrolled fires as described in ORS 477.064.

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

      (7)(a)“Hour of service” means:

      (A)An hour for which an eligible employee is directly or indirectly paid orentitled to payment by a participating public employer for performance ofduties in a qualifying position; and

      (B)An hour of vacation, holiday, illness, incapacity, jury duty, military duty orauthorized leave during which an employee does not perform duties but for whichthe employee is directly or indirectly paid or entitled to payment by aparticipating public employer for services in a qualifying position, as long asthe hour is within the number of hours regularly scheduled for the performanceof duties during the period of vacation, holiday, illness, incapacity, juryduty, military duty or authorized leave.

      (b)“Hour of service” does not include any hour for which payment is made or dueunder a plan maintained solely for the purpose of complying with applicableworkers’ compensation laws or unemployment compensation laws.

      (8)“Inactive member” means a member of the pension program or the individualaccount program of the Oregon Public Service Retirement Plan whose membershiphas not been terminated, who is not a retired member and who is not employed ina qualifying position.

      (9)“Individual account program” means the defined contribution individual accountprogram of the Oregon Public Service Retirement Plan established under ORS238A.025.

      (10)“Member” means an eligible employee who has established membership in thepension program or the individual account program of the Oregon Public ServiceRetirement Plan and whose membership has not been terminated under ORS 238A.110or 238A.310.

      (11)“Participating public employer” means a public employer as defined in ORS238.005 that provides retirement benefits for employees of the public employerunder the system.

      (12)“Pension program” means the defined benefit pension program of the OregonPublic Service Retirement Plan established under ORS 238A.025.

      (13)“Police officer” means a police officer as described in ORS 238.005.