2005 Oregon Code - Chapter 237 :: Chapter 237 - PUBLIC EMPLOYEE RETIREMENT GENERALLY
Chapter 237 —
PUBLIC EMPLOYEE RETIREMENT GENERALLY
2005 EDITION
Public
Employee Retirement Generally
PUBLIC OFFICERS AND EMPLOYEES
MUNICIPAL RETIREMENT SYSTEMS
237.350Â Â Â Â Definitions
for ORS 237.350 to 237.380
237.355Â Â Â Â Establishment
of retirement system
237.360Â Â Â Â Features
of retirement plan
237.365Â Â Â Â Contribution
to fund by city
237.370Â Â Â Â Collection
of contribution from employees
237.375Â Â Â Â Limitations
on payments and contributions
237.380Â Â Â Â Revenues
from which city may make payments to fund
COVERAGE OF EMPLOYEES UNDER FEDERAL SOCIAL
SECURITY ACT
237.410Â Â Â Â Definitions
for ORS 237.420 to 237.515
237.411Â Â Â Â Construction
of ORS 237.412 to 237.418 as supplemental to ORS 237.420 to 237.515
237.412Â Â Â Â Declaration
of policy regarding federal Social Security protection for employees of state
and political subdivisions
237.414Â Â Â Â Extension
of federal Social Security benefits to employees of state and certain political
subdivisions
237.418Â Â Â Â Authority
of interstate agencies to extend federal Social Security benefits to their employees
237.420Â Â Â Â Agreements
to extend federal Social Security coverage to employees of public agencies not
covered by ORS 237.414
237.430Â Â Â Â Public
agencies to be included in the agreement
237.440Â Â Â Â Application
by political subdivision for inclusion
237.450Â Â Â Â Starting
date for contributions
237.460Â Â Â Â Withholding
and remitting of employeesÂ’ contributions
237.465Â Â Â Â Employees
required to contribute
237.470Â Â Â Â Retirement
board to promulgate regulations
237.480Â Â Â Â Procedure
against employer failing to comply with regulations
237.490Â Â Â Â Deposit
investment and payment of funds
237.500Â Â Â Â Administrative
expenses
237.510Â Â Â Â Collection
of delinquent contributions
237.515Â Â Â Â Exclusion
of contributions from biennial budget
PAYMENT OF PUBLIC PENSION TO ALTERNATE PAYEE
AFTER MARITAL DISSOLUTION, ANNULMENT OR SEPARATION Â
237.600Â Â Â Â Payment
to alternate payee; provisions of judgment, order or settlement; administrative
expenses
COVERAGE FOR POLICE OFFICERS AND FIREFIGHTERS
237.610Â Â Â Â Definitions
for ORS 237.610 and 237.620
237.620Â Â Â Â Membership
of police officers and firefighters
237.635Â Â Â Â Mandated
increase in benefits payable under systems other than Public Employees
Retirement System; limitation
237.637Â Â Â Â Additional
mandated increase in benefits payable under systems other than Public Employees
Retirement System
LEGISLATOR RETIREMENT PLANS
237.650Â Â Â Â Retirement
plan election
Note         Application;
temporary provision for current members of Legislative Assembly--2003 c.733 §46b
237.655Â Â Â Â Legislator
members of state deferred compensation plan
237.660Â Â Â Â Special
rule for public employees elected or appointed to Legislative Assembly
LIQUIDATION OF PRE-1953 RETIREMENT SYSTEM
237.950Â Â Â Â Pre-1953
Public Employees Retirement System abolished
237.952Â Â Â Â Public
Employees Retirement Board; rules
237.956Â Â Â Â Director
and staff
237.960Â Â Â Â Transfer
of assets and administration of retirement fund
237.964Â Â Â Â Collection
of accrued liabilities
237.968Â Â Â Â Continuation
of retirement benefits of certain members
237.972Â Â Â Â Continuation
of abolished system with regard to certain members
237.976Â Â Â Â Disposition
of contributions made under abolished system
237.980Â Â Â Â Rights
and moneys exempt from taxation, execution and bankruptcy and are unassignable
     237.001 [1953 c.200 §1; renumbered 238.750 in 1995]
     237.002 [Repealed by 1953 c.180 §18]
     237.003 [1953 c.200 §2; 1955 c.131 §3; 1957 c.630 §5;
1959 c.333 §1; 1961 c.430 §1; 1963 c.608 §11; 1967 c.160 §1; 1967 c.622 §1;
1969 c.240 §1; 1971 c.738 §1; 1973 c.19 §1; 1974 s.s. c.28 §3; 1975 c.289 §1;
1977 c.425 §1; 1979 c.446 §2; 1979 c.656 §5; 1979 c.741 §1; 1981 c.479 §2; 1981
c.760 §1; 1983 c.740 §59; 1983 c.830 §1; 1985 c.118 §13; 1985 c.302 §10; 1985
c.565 §37; 1985 c.823 §1; 1987 c.320 §147; 1987 c.617 §1; 1987 c.898 §13; 1989
c.606 §1; 1989 c.614 §1; 1989 c.888 §1; 1990 c.4 §1; 1990 c.5 §1; 1991 c.675 §5;
1993 c.33 §320; 1993 c.118 §1; 1993 c.177 §1; 1993 c.185 §23; 1993 c.623 §5;
1993 c.766 §7; 1995 c.162 §63; 1995 c.203 §1; 1995 c.291 §2; 1995 c.654 §4;
renumbered 238.005 in 1995]
     237.004 [Repealed by 1953 c.180 §18]
     237.005 [1953 c.200 §3; renumbered 238.600 in 1995]
     237.006 [Repealed by 1953 c.180 §18]
     237.007 [1989 c.906 §9; see note following]
     Note: Chapter 906, Oregon Laws 1989 [enacting
237.007 and amending 237.201 and 237.233], was referred by the electors to the
November 1990 General Election, at which it was defeated.
     237.008 [Repealed by 1953 c.180 §18]
     237.010 [Repealed by 1953 c.180 §18]
     237.011 [1953 c.200 §8; 1955 c.131 §4; 1961 c.331 §1;
1963 c.608 §12; 1967 c.622 §2; 1969 c.435 §1; 1971 c.270 §1; 1975 c.744 §1;
1979 c.861 §1; 1983 c.830 §3; 1987 c.617 §2; 1987 c.898 §14; 1989 c.799 §1;
1991 c.149 §5; 1993 c.177 §2; 1995 c.162 §64; renumbered 238.015 in 1995]
     237.012 [Repealed by 1953 c.180 §18]
     237.013 [1959 c.559 §8; 1969 c.332 §16; 1991 c.815 §4;
1995 c.658 §95; renumbered 238.045 in 1995]
     237.014 [Repealed by 1953 c.180 §18]
     237.015 [1969 c.54 §1; repealed by 1989 c.888 §3 and
1991 c.776 §3]
     237.016 [Repealed by 1953 c.180 §18]
     237.017 [1969 c.458 §2; 1977 c.860 §1; 1981 c.772 §2;
1987 c.617 §3; 1991 c.813 §14; subsection (1) renumbered 238.355 in 1995;
subsection (2) renumbered 238.230 in 1995; subsection (3) renumbered 238.074 in
1995]
     237.018 [Repealed by 1953 c.180 §18]
     237.019 [1969 c.92 §2; renumbered 238.072 in 1995]
     237.020 [Repealed by 1953 c.180 §18]
     237.021 [1969 c.435 §2; renumbered 238.170 in 1995]
     237.022 [Repealed by 1953 c.180 §18]
     237.024 [Repealed by 1953 c.180 §18]
     237.025 [1957 c.630 §2; renumbered 238.062 in 1995]
     237.026 [Repealed by 1953 c.180 §18]
     237.027 [1963 c.153 §10; 1983 c.338 §904; repealed
by 1985 c.62 §1]
     237.028 [Repealed by 1953 c.180 §18]
     237.029 [1975 c.137 §2; 1975 c.449 §15; 1979 c.658 §3;
1981 c.762 §7; 1987 c.617 §16; 1989 c.871 §2; 1993 c.177 §3; renumbered 238.068
in 1995]
     237.030 [Repealed by 1953 c.180 §18]
     237.031 [1991 c.767 §2; 1993 c.177 §4; renumbered
238.035 in 1995]
     237.032 [Repealed by 1953 c.180 §18]
     237.033 [1961 c.189 §2; repealed by 1969 c.367 §3]
     237.034 [Repealed by 1953 c.180 §18]
     237.035 [1961 c.189 §3; repealed by 1969 c.367 §3]
     237.036 [Repealed by 1953 c.180 §18]
     237.037 [1991 c.776 §2; renumbered 238.690 in 1995]
     237.038 [Repealed by 1953 c.180 §18]
     237.039 [1991 c.815 §1; renumbered 238.055 in 1995]
     237.040 [Repealed by 1953 c.180 §18]
     237.041 [Formerly 237.056; repealed by 1967 c.622 §25]
     237.042 [Repealed by 1953 c.180 §18]
     237.044 [Repealed by 1953 c.180 §18]
     237.046 [Repealed by 1953 c.180 §18]
     237.048 [Repealed by 1953 c.180 §18]
     237.050 [Repealed by 1953 c.180 §18]
     237.051 [1953 c.200 §9; 1985 c.823 §2; 1991 c.767 §3;
renumbered 238.680 in 1995]
     237.052 [Repealed by 1953 c.180 §18]
     237.053 [1981 c.689 §2; 1983 c.589 §3; 1985 c.784 §1;
renumbered 238.685 in 1995]
     237.054 [Repealed by 1953 c.180 §18]
     237.056 [Amended by 1953 c.522 §3; renumbered
237.041]
     237.058 [Repealed by 1953 c.180 §18]
     237.060 [1971 c.738 §11; 1973 c.695 §1; 1989 c.799 §2;
renumbered 238.360 in 1995]
     237.061 [1953 c.200 §8; repealed by 1955 c.131 §21]
     237.062 [Repealed by 1953 c.180 §18]
     237.064 [Repealed by 1953 c.180 §18]
     237.065 [1957 c.630 §4; 1967 c.622 §3; 1981 c.541 §3;
repealed by 1981 c.761 §12]
     237.066 [Repealed by 1953 c.180 §18]
     237.068 [Repealed by 1953 c.180 §18]
     237.070 [Repealed by 1953 c.180 §18]
     237.071 [1953 c.200 §13; 1955 c.131 §5; 1957 c.630 §6;
1959 c.334 §1; 1963 c.608 §1; 1967 c.622 §4; 1969 c.107 §1; 1973 c.695 §2; 1981
c.541 §5; 1981 c.761 §1; 1993 c.177 §5; subsections (1) to (3) renumbered
238.200 in 1995; subsection (4) renumbered 238.440 in 1995]
     237.072 [Repealed by 1953 c.180 §18]
     237.073 [1965 c.297 §5; 1967 c.622 §5; 1969 c.640 §3;
1977 c.624 §1; 1987 c.617 §4; 1987 c.898 §15; 1993 c.177 §6; renumbered 238.215
in 1995]
     237.074 [Repealed by 1953 c.180 §18]
     237.075 [1979 c.538 §3; 1981 c.373 §1; 1993 c.177 §7;
renumbered 238.205 in 1995]
     237.076 [Repealed by 1953 c.180 §18]
     237.078 [Repealed by 1953 c.180 §18]
     237.079 [1987 c.625 §8; 1995 c.658 §96; renumbered
238.210 in 1995]
     237.081 [1953 c.200 §14; 1955 c.131 §6; 1957 c.299 §1;
1959 c.334 §2; 1959 c.623 §3; 1961 c.331 §2; 1963 c.608 §13; 1967 c.622 §6;
1969 c.640 §5; 1993 c.177 §8; renumbered 238.225 in 1995]
     237.082 [Repealed by 1953 c.180 §18]
     237.084 [Repealed by 1953 c.180 §18]
     237.085 [1961 c.342 §2; 1965 c.533 §1; renumbered
238.150 in 1995]
     237.086 [Repealed by 1953 c.180 §18]
     237.088 [Repealed by 1953 c.180 §18]
     237.090 [Repealed by 1953 c.180 §18]
     237.091 [1953 c.200 §16; renumbered 238.025 in 1995]
     237.093 [1953 c.200 §16; 1957 c.630 §13; 1967 c.140 §1;
1975 c.200 §2; 1981 c.762 §8; 1987 c.617 §6; 1991 c.813 §1; 1993 c.177 §9;
renumbered 238.155 in 1995]
     237.094 [Repealed by 1953 c.180 §18]
     237.095 [1973 c.735 §§2,3,4,5,6,7; renumbered
238.165 in 1995]
     237.096 [Repealed by 1953 c.180 §18]
     237.097 [1953 c.200 §16; 1993 c.177 §10; renumbered
238.160 in 1995]
     237.098 [Repealed by 1953 c.180 §18]
     237.099 [1991 c.675 §2; 1993 c.177 §11; renumbered
238.145 in 1995]
     237.101 [1953 c.200 §15; renumbered 238.475 in 1995]
     237.102 [Repealed by 1953 c.180 §18]
     237.103 [1969 c.640 §2; repealed by 1995 c.452 §24]
     237.104 [Repealed by 1953 c.180 §18]
     237.105 [1953 c.200 §15; repealed by 1967 c.622 §25]
     237.106 [Repealed by 1953 c.180 §18]
     237.107 [1955 c.131 §2; renumbered 238.480 in 1995]
     237.108 [1983 c.647 §2; 1987 c.617 §7; 1991 c.917 §1;
1993 c.177 §12; renumbered 238.115 in 1995]
     237.109 [1953 c.200 §15; 1955 c.131 §7; 1957 c.630 §7;
renumbered 238.095 in 1995]
     237.110 [Repealed by 1953 c.180 §18]
     237.111 [1953 c.200 §15; 1955 c.131 §8; 1957 c.630 §8;
1959 c.225 §1; 1963 c.608 §2; 1967 c.622 §7; 1969 c.640 §6; 1971 c.160 §1; 1973
c.704 §4; 1975 c.449 §1; 1983 c.830 §4; 1991 c.815 §5; 1993 c.118 §2;
subsection (1) renumbered 238.425 in 1995; subsection (2) renumbered 238.265 in
1995; subsection (3) renumbered 238.105 in 1995]
     237.112 [Repealed by 1953 c.180 §18]
     237.113 [1959 c.663 §2; 1971 c.496 §1; 1979 c.727 §2;
1987 c.898 §16; repealed by 1991 c.815 §21]
     237.114 [Repealed by 1953 c.180 §18]
     237.115 [1957 c.630 §3; renumbered 238.270 in 1995]
     237.116 [Repealed by 1953 c.180 §18]
     237.117 [1985 c.625 §2; 1987 c.617 §8; 1993 c.177 §13;
renumbered 238.125 in 1995]
     237.118 [Repealed by 1953 c.180 §18]
     237.119 [1991 c.917 §5; 1993 c.177 §14; renumbered
238.135 in 1995]
     237.120 [Repealed by 1953 c.180 §18]
     237.121 [1953 c.200 §17; 1967 c.622 §8; 1973 c.695 §3;
1975 c.449 §2; 1979 c.812 §1; 1981 c.768 §1; 1987 c.617 §9; 1987 c.898 §17a;
1989 c.871 §1; 1993 c.177 §15; renumbered 238.280 in 1995]
     237.122 [Repealed by 1953 c.180 §18]
     237.124 [Repealed by 1953 c.180 §18]
     237.125 [1953 c.200 §17; 1955 c.131 §9; 1967 c.622 §9;
1979 c.861 §2; 1981 c.761 §3; 1983 c.830 §5; 1987 c.898 §§11,18; renumbered
238.078 in 1995]
     237.126 [Repealed by 1953 c.180 §18]
     237.128 [Repealed by 1953 c.108 §18]
     237.129 [1953 c.200 §17; 1957 c.630 §9; 1967 c.622 §10;
1979 c.861 §3; 1983 c.641 §1; 1987 c.898 §19; repealed by 1993 c.120 §1]
     237.130 [Repealed by 1953 c.180 §18]
     237.131 [1969 c.226 §2; 1975 c.473 §1; 1979 c.861 §4;
repealed by 1987 c.898 §28]
     237.132 [Repealed by 1953 c.180 §18]
     237.133 [1953 c.200 §17; 1955 c.131 §10; 1957 c.630 §10;
1959 c.333 §3; 1961 c.331 §3; 1967 c.622 §11; 1969 c.650 §1; 1971 c.317 §1;
1975 c.137 §4; 1975 c.200 §3; 1979 c.214 §1; 1987 c.898 §20; renumbered 238.088
in 1995]
     237.134 [Repealed by 1953 c.180 §18]
     237.135 [1955 c.283 §2; repealed by 1987 c.898 §28]
     237.136 [Repealed by 1953 c.180 §18]
     237.137 [1963 c.387 §2; 1967 c.622 §12; repealed by
1969 c.597 §281]
     237.138 [Repealed by 1953 c.180 §18]
     237.139 [1957 c.366 §2; repealed by 1993 c.120 §1]
     237.140 [Repealed by 1953 c.180 §18]
     237.141 [1953 c.200 §17; 1955 c.131 §11; repealed by
1959 c.400 §1 (237.143 enacted in lieu of 237.141)]
     237.142 [Repealed by 1953 c.180 §18]
     237.143 [1959 c.400 §2 (enacted in lieu of 237.141);
1973 c.704 §5; 1979 c.214 §2; 1991 c.917 §3; 1995 c.494 §3; renumbered 238.082
in 1995]
     237.144 [Repealed by 1953 c.180 §18]
     237.145 [1967 c.214 §2; 1973 c.30 §1; 1975 c.200 §4;
1977 c.548 §1; 1981 c.541 §8; 1991 c.813 §15; 1993 c.177 §16; renumbered
238.092 in 1995]
     237.146 [Repealed by 1953 c.180 §18]
     237.147 [1953 c.200 §18; 1955 c.131 §12; 1967 c.622 §13;
1969 c.597 §140; 1969 c.640 §7; 1971 c.738 §2; 1973 c.695 §4; 1975 c.137 §3;
1975 c.200 §5; 1975 c.449 §3; 1981 c.541 §6; 1981 c.761 §4; 1987 c.320 §148;
1987 c.617 §10; 1987 c.898 §21; renumbered 238.300 in 1995]
     237.148 [Repealed by 1953 c.180 §18]
     237.149 [1967 c.622 §23; 1969 c.640 §14; 1977 c.740 §2;
repealed by 1981 c.761 §12]
     237.150 [Repealed by 1953 c.180 §18]
     237.151 [1953 c.200 §15; 1963 c.608 §16; 1967 c.622 §14;
1987 c.898 §§9,22; renumbered 238.315 in 1995]
     237.152 [Repealed by 1953 c.180 §18]
     237.153 [1973 c.646 §2; 1975 c.203 §1; 1981 c.772 §1;
1981 c.567 §10; 1981 c.849 §2; 1983 c.830 §6; 1987 c.819 §1; 1989 c.799 §3;
1993 c.177 §17; renumbered 238.350 in 1995]
     237.154 [Repealed by 1953 c.180 §18]
     237.155 [1953 c.200 §19; 1955 c.131 §13; 1967 c.622 §15;
1971 c.738 §3; 1973 c.704 §6; 1977 c.740 §1; 1979 c.658 §5; 1981 c.761 §5; 1985
c.692 §1; 1987 c.898 §3; 1989 c.799 §4; 1989 c.900 §1; 1991 c.813 §3; 1993
c.121 §1; renumbered 238.305 in 1995]
     237.156 [Repealed by 1953 c.180 §18]
     237.157 [1959 c.256 §2; renumbered 238.460 in 1995]
     237.158 [Repealed by 1953 c.180 §18]
     237.159 [1989 c.995 §2; 1991 c.813 §2; renumbered
238.455 in 1995]
     237.160 [Repealed by 1953 c.180 §18]
     237.162 [Repealed by 1953 c.180 §18]
     237.163 [Formerly 237.640; renumbered 238.405 in
1995]
     237.164 [Repealed by 1953 c.180 §18]
     237.165 [1953 c.200 §20; 1963 c.608 §18; 1969 c.640 §9;
1971 c.738 §4; 1981 c.541 §7; 1983 c.830 §7; 1985 c.823 §3; 1987 c.898 §1; 1989
c.799 §5; 1993 c.121 §2; renumbered 238.390 in 1995]
     237.166 [Repealed by 1953 c.180 §18]
     237.167 [1957 c.367 §2; 1987 c.898 §23; renumbered
238.400 in 1995]
     237.168 [Repealed by 1953 c.180 §18]
     237.169 [1959 c.623 §2; 1961 c.331 §4; 1963 c.608 §3;
1969 c.621 §1; 1971 c.738 §5; 1973 c.704 §8; 1983 c.740 §61; 1983 c.830 §8;
1985 c.823 §4; 1987 c.898 §2; 1989 c.799 §6; 1993 c.121 §3; 1993 c.177 §18;
renumbered 238.395 in 1995]
     237.170 [Repealed by 1953 c.180 §18]
     237.171 [1953 c.200 §21; 1955 c.131 §14; 1959 c.334 §4;
1963 c.608 §4; 1967 c.622 §16; 1975 c.449 §5; 1983 c.641 §2; 1987 c.898 §24;
1991 c.60 §1; 1993 c.177 §19; renumbered 238.320 in 1995]
     237.172 [Amended by 1953 c.523 §6; renumbered
237.305]
     237.173 [Formerly 237.630; renumbered 238.345 in
1995]
     237.174 [Renumbered 237.311]
     237.176 [Renumbered 237.315]
     237.181 [1953 c.200 §21; 1955 c.131 §15; 1957 c.630 §11;
1961 c.27 §1; 1967 c.622 §17; 1969 c.640 §10; 1971 c.738 §6; 1975 c.449 §6;
1987 c.898 §4; 1989 c.799 §7; renumbered 238.325 in 1995]
     237.187 [1953 c.200 §21; 1955 c.131 §16; 1963 c.608 §5;
subsection (2) enacted as 1963 c.608 §7; 1967 c.622 §18; 1969 c.640 §11; 1987
c.898 §25; 1993 c.177 §20; renumbered 238.330 in 1995]
     237.191 [1953 c.200 §21; renumbered 238.335 in 1995]
     237.195 [1953 c.200 §21; 1957 c.630 §12; 1967 c.622 §19;
renumbered 238.340 in 1995]
     237.197 [1967 c.622 §24; 1969 c.538 §1; 1971 c.738 §7;
1973 c.695 §§5, 5a; 1981 c.761 §6; 1989 c.799 §8; 1989 c.966 §8; 1991 c.59 §1;
1993 c.177 §21; renumbered 238.260 in 1995]
     237.198 [1963 c.608 §9; 1967 c.622 §20; repealed by
1971 c.738 §8 (237.199 enacted in lieu of 237.198)]
     237.199 [1971 c.738 §9 (enacted in lieu of 237.198);
1973 c.695 §6; 1977 c.627 §1; renumbered 238.370 in 1995]
     237.200 [1973 c.695 §8; 1979 c.861 §5; 1981 c.541 §9;
1993 c.177 §22; renumbered 238.310 in 1995]
     237.201 [1953 c.200 §22; 1969 c.640 §13; 1971 c.732 §3;
1979 c.85 §2; 1985 c.671 §9; 1987 c.617 §11; 1989 c.726 §6; 1991 c.823 §1; 1993
c.33 §321; 1993 c.798 §46; 1995 c.608 §37; renumbered 238.445 in 1995; see note
under 237.007]
     237.202 [1993 c.121 §5; renumbered 238.470 in 1995]
     237.205 [1979 c.607 §2; 1993 c.715 §1; renumbered
238.465 in 1995]
     237.208 [1991 c.796 §2; 1993 c.177 §23; 1995 c.494 §1;
1995 c.569 §4; renumbered 238.385 in 1995]
     237.209 [1981 c.776 §2; 1985 c.821 §1; 1989 c.757 §1;
1991 c.796 §3; 1993 c.177 §24; 1995 c.569 §5; renumbered 238.365 in 1995]
     237.210 [1987 c.898 §7; renumbered 238.450 in 1995]
     237.211 [1983 c.770 §2; 1993 c.177 §25; 1995 c.658 §97;
renumbered 238.500 in 1995]
     237.215 [1983 c.770 §3; 1987 c.625 §1; 1991 c.815 §6;
1995 c.658 §98; renumbered 238.505 in 1995]
     237.217 [1983 c.770 §4; 1991 c.815 §7; renumbered
238.515 in 1995]
     237.219 [1983 c.770 §5; renumbered 238.525 in 1995]
     237.220 [1983 c.770 §6; 1987 c.625 §2; 1991 c.815 §§8,11;
1993 c.170 §1; 1993 c.177 §26; 1995 c.658 §131; renumbered 238.535 in 1995]
     237.223 [1983 c.770 §7; 1991 c.815 §14; 1995 c.658 §132;
renumbered 238.545 in 1995]
     237.225 [1983 c.770 §8; 1991 c.815 §16; renumbered
238.555 in 1995]
     237.227 [1983 c.770 §9; 1991 c.815 §§12,13;
renumbered 238.565 in 1995]
     237.230 [1983 c.770 §10; 1989 c.757 §3; 1991 c.796 §4;
1995 c.569 §6; renumbered 238.575 in 1995]
     237.233 [1983 c.770 §11; 1987 c.616 §5; 1991 c.796 §5;
1991 c.815 §15; 1993 c.120 §2; 1993 c.177 §27; 1993 c.588 §1; 1995 c.296 §4;
1995 c.569 §7; 1995 c.600 §5; 1995 c.658 §134; renumbered 238.580 in 1995; see
note under 237.007]
     237.247 [1991 c.969 §4; 1993 c.18 §42; 1993 c.117 §1;
1993 c.118 §3; 1993 c.177 §28; renumbered 238.415 in 1995]
     237.248 [Formerly 237.325; 1991 c.814 §1; 1993 c.18 §43;
1993 c.177 §29; renumbered 238.420 in 1995]
     237.251 [1953 c.200 §§4, 10; 1955 c.131 §17; 1963
c.608 §10; 1971 c.418 §10; 1983 c.740 §62; 1985 c.823 §7; 1987 c.93 §1; 1993
c.783 §2; 1995 c.296 §5; 1995 c.653 §1; renumbered 238.630 in 1995]
     237.253 [1979 c.552 §3; renumbered 238.635 in 1995]
     237.255 [1953 c.200 §§4,5; 1969 c.314 §15; 1987 c.93
§2; 1995 c.286 §24a; 1995 c.653 §2; renumbered 238.640 in 1995]
     237.259 [1953 c.200 §7; 1973 c.704 §11; renumbered
238.645 in 1995]
     237.263 [1953 c.200 §6; 1971 c.734 §34; 1985 c.823 §5;
renumbered 238.650 in 1995]
     237.271 [1953 c.200 §10; 1955 c.131 §18; 1959 c.556 §5;
1961 c.508 §1; 1967 c.335 §22; 1973 c.704 §12; 1975 c.614 §4; 1979 c.552 §1;
1985 c.823 §6; 1989 c.966 §9; 1991 c.813 §5; 1993 c.694 §28; renumbered 238.660
in 1995]
     237.273 [1959 c.556 §3; 1961 c.124 §1; 1961 c.508 §2;
subsection (3) enacted as 1963 c.569 §26; repealed by 1967 c.335 §60]
     237.274 [1961 c.508 §§4, 5, 6, 7; 1963 c.183 §2;
1965 c.497 §1; repealed by 1967 c.335 §60]
     237.275 [1953 c.200 §10; 1993 c.177 §30; renumbered
238.250 in 1995]
     237.277 [1975 c.333 §2; 1993 c.177 §31; renumbered
238.255 in 1995]
     237.279 [1953 c.200 §10; renumbered 238.665 in 1995]
     237.281 [1953 c.200 §10; 1955 c.131 §19; 1967 c.335 §23;
1967 c.622 §§21, 21a; 1973 c.704 §13; 1987 c.849 §1; renumbered 238.670 in
1995]
     237.285 [1953 c.200 §12; 1955 c.131 §20; 1987 c.849 §3;
renumbered 238.605 in 1995]
     237.291 [1953 c.200 §11; renumbered 238.610 in 1995]
     237.293 [1989 c.420 §4; renumbered 238.615 in 1995]
     237.295 [1991 c.192 §§2,3; renumbered 238.675 in
1995]
     237.300 [1953 c.523 §1; renumbered 238.700 in 1995]
     237.301 [1953 c.523 §4; 1981 c.541 §1; 1989 c.799 §9;
1991 c.249 §19; renumbered 238.705 in 1995]
     237.303 [1959 c.556 §4; 1975 c.614 §5; repealed by
1989 c.799 §14]
     237.305 [Formerly 237.172; 1963 c.608 §14; 1987
c.617 §12; repealed by 1989 c.799 §14]
     237.311 [Formerly 237.174; 1979 c.562 §8; 1989 c.799
§10; renumbered 238.710 in 1995]
     237.312 [1993 c.119 §2; renumbered 238.715 in 1995]
     237.315 [Formerly 237.176; 1989 c.980 §10b;
renumbered 238.655 in 1995]
     237.320 [1959 c.319 §2; 1967 c.359 §685; 1981 c.195 §1;
1987 c.616 §3; 1987 c.617 §13; 1989 c.597 §1; 1989 c.799 §11a; 1991 c.814 §2;
1991 c.815 §29; 1993 c.117 §3; 1993 c.148 §1; renumbered 238.410 in 1995]
     237.325 [1987 c.616 §2; 1989 c.597 §2; 1989 c.799 §12a;
1989 c.826 §1a; 1989 c.966 §10a; renumbered 237.248 in 1989]
MUNICIPAL
RETIREMENT SYSTEMS
     237.350
Definitions for ORS 237.350 to 237.380. As used in ORS 237.350 to 237.380 unless the context requires
otherwise:
     (1) “City” means any city with a
population of 100,000 or more in which a retirement system may be established
under the charter.
     (2) “Actuarial reserve basis” means the
accumulation of a reserve, in equal annual installments from the date on which
an officer or employee of the city first became a member of a retirement plan
created under ORS 237.355 to the retirement date specified in the plan,
sufficient in amount to provide the retirement benefits required to be provided
to the officer or employee under the plan.
     (3) “Retirement plan” or “retirement
system” means a plan or system created or established pursuant to ORS 237.350
to 237.380. [Formerly 238.510]
     237.355
Establishment of retirement system. A city in which any pension system may be established by charter, may
establish a retirement system pursuant to ORS 237.350 to 237.380. The council
of the city may enact such ordinances as are necessary to put the system into
effect and may supplement or change the ordinances from time to time. [Formerly
238.520]
     237.360
Features of retirement plan.
The retirement plan may provide for retirement benefits measured on the basis
of services rendered or to be rendered by an officer or employee, either before
or after the date on which such officer or employee first becomes a member of
the retirement plan. The retirement plan may provide for a minimum of years of
service and a minimum and maximum age of retirement for the officer or
employee. [Formerly 238.530]
     237.365
Contribution to fund by city.
The city may budget and provide by ordinance for payment into the fund of the
retirement system an amount sufficient:
     (1) To provide, on an actuarial reserve
basis, the amortized level premium cost of the retirement benefits which, under
the provision of the retirement system, are to be provided by the city to its
officers or employees who attain the retirement age or retire in accordance
with the terms of the retirement plan.
     (2) To meet the actuarially computed costs
of retirement benefits measured on the basis of services rendered or to be
rendered by an officer or employee before or after the date on which such
officer or employee becomes a member of the retirement plan. [Formerly 238.540]
     237.370
Collection of contribution from employees. The city may collect, as a contribution from any officer or employee
of any department or bureau for which a retirement system is established, that
percentage of the salary received by the officer or employee, which is
necessary to fund on an actuarial reserve basis the cost of retirement benefits
which the officer or employee is required to provide pursuant to the provisions
of a retirement plan. [Formerly 238.550]
     237.375
Limitations on payments and contribution. Nothing in ORS 237.350 to 237.380 authorizes the city to budget,
provide for payments or collect contributions to fund retirement benefits for
an individual who is not in the employment of the city at the time of the
creation of a membership status under a retirement plan. [Formerly 238.560]
     237.380
Revenues from which city may make payments to fund. The payments made by the city under ORS
237.365 may be made out of any revenues collected by the city under any law of
the state or the charter or ordinances of the city. [Formerly 238.570]
COVERAGE OF
EMPLOYEES UNDER FEDERAL SOCIAL SECURITY ACT
     237.410
Definitions for ORS 237.420 to 237.515. As used in ORS 237.420 to 237.515, unless the context requires
otherwise:
     (1) “Public agency” or “political
subdivision” means the State of Oregon, any city, county, municipal or public
corporation or any political subdivision of the State of Oregon or any
instrumentality thereof, or any school district, or any agency created by two
or more political subdivisions to provide themselves governmental services, the
employees of which constitute a coverage group. For purposes of ORS 237.420 to
237.515, such agency created by two or more political subdivisions is a
governmental instrumentality and a legal entity with power to enter into
contracts, hold property and sue and be sued.
     (2) “Coverage group” has the meaning given
that term by the provisions of section 218 of title 2 of the federal Social
Security Act, and amendments thereto, and applicable federal regulations
adopted pursuant thereto. [Amended by 1953 c.192 §1; 1963 c.608 §15; 1993 c.177
§32; 2001 c.945 §28]
     237.411
Construction of ORS 237.412 to 237.418 as supplemental to ORS 237.420 to
237.515. The provisions of
ORS 237.412 to 237.418 relating to Old Age and Survivors Insurance coverage are
supplemental to ORS 237.420 to 237.515, and shall be so construed. [1953 c.180 §8]
     237.412
Declaration of policy regarding federal Social Security protection for
employees of state and political subdivisions. In order to extend to employees of the State
of Oregon, all the school districts and all the political subdivisions of the
state participating in the Public Employees Retirement System immediately prior
to March 27, 1953, and to the dependents and survivors of such employees, the
basic protection accorded to others by the Old Age and Survivors Insurance
system embodied in title 2 for the federal Social Security Act, it hereby is
declared to be the policy of this state, subject to the limitations of ORS
237.412 to 237.418, that such action be taken, and hereby it is expressly
authorized, as to provide such protection to employees of the state and its
political subdivisions on as broad a basis as is permitted under applicable
federal law. [1953 c.180 §1]
     237.414
Extension of federal Social Security benefits to employees of state and certain
political subdivisions. (1)
The Public Employees Retirement Board hereby is authorized and directed to
enter into an agreement or modification of such agreement with the Federal
Security Administrator (United States Secretary of Health and Human Services)
on behalf of the State of Oregon, consistent with the terms and provisions of
ORS 237.412 to 237.418, for the purpose of extending the benefits of the
Federal Old Age and Survivors Insurance system to employees of the state and the
political subdivisions which at the time of repeal of chapter 401, Oregon Laws
1945, were participating in the Public Employees Retirement System established
by that chapter. The board may authorize its director, on behalf of and in the
name of the board, to sign modifications of the agreement including within the
agreement legally qualified eligible public agencies.
     (2) The agreement shall provide benefits
for employees whose services are covered by the agreement (and their dependents
and survivors) on the same basis as though such services constituted employment
within the meaning of title 2 of the Social Security Act.
     (3) The duties and obligations of the
state and its political subdivisions as employers, in relation to such
agreement, shall be as provided by ORS 237.420 to 237.515.
     (4) Such agreement or modification thereof
shall be effective with respect to services performed after an effective date
specified in such agreement or modification, but in no case prior to January 1,
1951.
     (5) All services which:
     (a) Constitute employment within the
meaning of title 2 of the Social Security Act;
     (b) Are performed in the employ of the
state or a political subdivision or in the employ of an instrumentality of
either the state or a political subdivision, or both; and
     (c) Are covered by a plan which is in
conformity with the terms of the agreement and which has been approved by the
board, shall be covered by the agreement.
     (6) The Public Employees Retirement Board
hereby is authorized and directed to include in the agreement for Old Age and
Survivors Insurance coverage to be executed by the board with the Federal
Security Administrator (United States Secretary of Health and Human Services)
in conformance with this section, the elective officers of the political
subdivisions described in subsection (1) of this section, and the elective
officers of the State of Oregon. [1953 c.180 §12; 1953 c.193 §1; 1957 c.261 §1;
1967 c.38 §4; 1973 c.704 §14; 1981 c.683 §1; 1991 c.67 §51 and 1991 c.813 §6;
2001 c.104 §73]
     237.418
Authority of interstate agencies to extend federal Social Security benefits to
their employees. (1) Any
instrumentality jointly created by this state and any other state or states
hereby is authorized, to the extent that this state may confer authority, upon
the granting of like authority by such other state or states:
     (a) To enter into an agreement with the
Federal Security Administrator (United States Secretary of Health and Human
Services) whereby the benefits of the Federal Old Age and Survivors Insurance
system shall be extended to employees of such instrumentality;
     (b) To require its employees to pay (and
for that purpose to deduct from their wages) contributions equal to the amounts
which they would be required to pay if they were covered by an agreement made
pursuant to ORS 237.414; and
     (c) To make payments to the Secretary of
the Treasury of the United States in accordance with such agreement, including
payment from its own funds, and otherwise to comply with such agreement.
     (2) Such agreement shall, to the extent
practicable, be consistent with the terms and provisions of ORS 237.412 and
237.414. [1953 c.180 §13; 1991 c.67 §52 and 1991 c.813 §7]
     237.420
Agreements to extend federal Social Security coverage to employees of public
agencies not covered by ORS 237.414. The Public Employees Retirement Board established by ORS 237.952
shall, for the purposes of administration of this law, after March 27, 1953,
succeed to the powers and duties of the Public Employees Retirement Board
established by chapter 401, Oregon Laws 1945, as amended, and shall, upon
application by any public agency in accordance with ORS 237.430 and 237.440,
execute on behalf of the state an agreement or modification of such agreement,
with the Federal Security Administrator (United States Secretary of Health and
Human Services), or the designated agent or successor, for the coverage of
employees of such public agency under the insurance system established by title
2 of the federal Social Security Act in conformity with the provisions of
section 218 thereof and amendments thereto, and applicable federal regulations
adopted pursuant thereto. [Amended by 1953 c.192 §2; 1991 c.67 §53 and 1991
c.813 §8]
     237.430
Public agencies to be included in the agreement. The agreement shall include each coverage
group as to which formal request for inclusion is made by the legislative or
governing body of the employing public agency pursuant to ORS 237.440, prior to
the effective date of the agreement, or any modification thereof. However, the
board shall not be required to include in any agreement or modification any
public agency which is not entitled by law to share in any apportionment of
state revenue or funds and has at any time within the 10 years next preceding
the date of its application been insolvent or failed to pay when due, the
principal or interest of its bonds, warrants or other obligations. [Amended by
1953 c.192 §3(1)]
     237.440
Application by political subdivision for inclusion. The legislative or governing body of every political
subdivision may make formal application to the Public Employees Retirement
Board for inclusion of the eligible employees of such political subdivision in
the agreement or any modification thereof. [Amended by 1953 c.192 §3(2); 1955
c.278 §1]
     237.450
Starting date for contributions. Every public agency included in the agreement pursuant to ORS 237.430
and 237.440 shall be liable for the contributions required to be remitted by an
employer under the provisions of sections 3101 and 3111 of the federal Internal
Revenue Code and amendments thereto, except that no contributions required by
ORS 237.460 shall be withheld or remitted prior to July 1, 1951, or prior to
the approval of the agreement by the Federal Security Administrator (United
States Secretary of Health and Human Services). [Amended by 1953 c.192 §4; 1991
c.67 §54; 1991 c.813 §9]
     237.460
Withholding and remitting of employeesÂ’ contributions. (1) Every public agency included in the
agreement shall withhold from wages and salaries paid by it to officers and
employees covered by the agreement, and remit to the retirement board, that
portion required to be withheld from the salaries and wages of employees under
the provisions of section 3101 of the federal Internal Revenue Code of 1954 and
amendments thereto as required by section 218(e) of title 2 of the federal
Social Security Act.
     (2) The provisions of subsection (1) of
this section requiring remission to the retirement board of amounts withheld
from wages and salaries apply only to amounts withheld from wages and salaries
that were paid on or before December 31, 1986. Amounts withheld from wages and
salaries that were paid after December 31, 1986, shall be remitted to the
Internal Revenue Service. [Amended by 1981 c.849 §1; 1991 c.813 §10]
     237.465
Employees required to contribute. All employees of the state, all employees of the school districts of
the state and all employees of political subdivisions of the state subject to
the agreement for Old Age and Survivors Insurance coverage, other than
employees specifically excluded by that agreement, shall make contributions for
such coverage as required by ORS 237.460. [1955 c.278 §2]
     237.470
Retirement board to promulgate regulations. The Public Employees Retirement Board shall promulgate regulations,
not inconsistent with ORS 237.410 to 237.515, necessary to provide proper
procedures to assure conformity with section 218 of title 2 of the federal
Social Security Act and amendments thereto, and federal regulations adopted
pursuant thereto. Such regulations shall include provisions governing
application procedures, requiring an applicant to present proof satisfactory to
the board of its ability to discharge its obligations under ORS 237.410 to
237.515, determining the extent of coverage within separate coverage groups,
and provisions prescribing the time and manner of filing reports and making any
payment required by ORS 237.410 to 237.515.
     237.480
Procedure against employer failing to comply with regulations. 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.
     237.490
Deposit investment and payment of funds. (1) All employer and employee contributions and other moneys received
or collected by the Public Employees Retirement Board under ORS 237.410 to
237.515 shall be deposited into the State Treasury to the credit of an account,
separate and distinct from the General Fund, to be known as the Social Security
Revolving Account, and the moneys in the account are continuously appropriated
for the purposes of ORS 237.410 to 237.515.
     (2) All moneys in the account shall be
held in trust and invested as provided in ORS 293.701 to 293.820. Interest from
such investments shall be used first for paying the administrative expenses
described in ORS 237.500 and not later than the 15th day of February, May,
August and November, after paying the administrative expenses, as determined by
the Public Employees Retirement Board, for the preceding calendar quarter, the
balance of the interest remaining shall be available for general governmental
expenses.
     (3) The Oregon Department of
Administrative Services may review all duly approved claims certified by the
Public Employees Retirement Board for the payment of amounts required to be
paid to the Secretary of the Treasury pursuant to agreements entered into under
ORS 237.410 to 237.515, and for the payment of necessary refunds and may issue
warrants therefor payable out of the Social Security Revolving Account. [Amended
by 1953 c.192 §5(1); 1967 c.399 §§2, 6; 1975 c.614 §6; 1989 c.966 §11; 2001
c.716 §22]
     237.500
Administrative expenses. All
expenses of the Public Employees Retirement Board in excess of those paid under
ORS 237.490 (2) incurred in administering the provisions of ORS 237.410 to
237.515, including such proportion of the salary of the director, counsel,
professional consultants and employees of the retirement board, as the time
required of them for the administration of ORS 237.410 to 237.515 shall bear to
the time required for the administration of both ORS 237.410 to 237.515 and the
public employees retirement law, shall be paid in the manner provided by law,
out of the Social Security Revolving Account. For such purpose, the board may
make monthly withdrawals from said account in lump sums. The board may, under
such rules as it promulgates, collect from each public agency its respective
pro rata share of the expenses incurred in administering ORS 237.410 to
237.515. Each public agency included in the agreement pursuant to ORS 237.430
is required to pay its pro rata share of the expenses incurred by the board in
administering ORS 237.410 to 237.515. In order to facilitate financing the
administration of the system the board may designate fiscal periods and may
provide that extraordinary expenses incurred during one such period, such as
expenses for equipment, may, for purposes of equitably distributing part of the
burden of the expenses, be apportioned to subsequent fiscal periods in such
manner as to the board seems equitable. [Amended by 1953 c.192 §5(2); 1967
c.399 §3; 1973 c.704 §15]
     237.510
Collection of delinquent contributions. (1) Upon failure of any public agency to remit contributions to the
retirement board as provided by ORS 237.460 or pay its pro rata share as
provided by ORS 237.500 and determined by the board, the board may recover by
action in a court of competent jurisdiction the amount due and unpaid.
     (2) Any public agency delinquent in
submitting remittances to the retirement board as provided in ORS 237.460 shall
be charged interest on the total amount of remittance due from it at the rate
of one percent per month or fraction thereof during which the agency is
delinquent. Interest so paid shall be deposited in the Social Security
Revolving Account and shall be used by the board in paying the expenses of
administration and any penalties which the board may incur.
     (3) In order to obtain prompt remittance
of contributions and payment of obligations due under ORS 237.410 to 237.515,
the board, in the event of delinquency of any public agency entitled by law to
share in the apportionment of any state revenues or funds, shall certify the
amount of such delinquency to the Oregon Department of Administrative Services,
which shall pay the claim out of any revenues or funds in the State Treasury
apportioned to the delinquent public agency.
     (4) In addition to the remedies otherwise
provided under this section, the board may, by petition in usual form, apply to
the circuit court for the county in which is located the public agency concerned,
or the principal office or place of business of such public agency, for, and if
warranted, to have issued, writs of mandamus to compel such public agency to
supply to the board a true and complete list and employment records of such
agencyÂ’s employees and all information concerning such employees that
reasonably may be required and sought by the board in such petition. Such
writs, among other things, shall direct the defendant therein to make such
remittances as may appear, from records and information concerning such
defendantÂ’s employees, to be required by law. Either or both parties thereby
aggrieved may appeal to the Court of Appeals from, or from any part of, the
judgment of the circuit court given and made in such proceeding, as in ordinary
mandamus proceedings. If the court allows the issuance of a peremptory writ,
the court shall award reasonable attorney fees, costs and disbursements to the
board. [Amended by 1953 c.192 §5(3); 1975 c.614 §7; 1981 c.541 §2; 1991 c.813 §11]
     237.515
Exclusion of contributions from biennial budget. Contributions required by ORS 237.410 to
237.515 to be placed in the Social Security Revolving Account and thereafter
remitted to the Secretary of the Treasury of the United States shall not be
included in the biennial budget of the Public Employees Retirement Board as
income or expenses of such board. [1953 c.192 §5(4)]
     237.520 [Repealed by 2005 c.755 §59]
PAYMENT OF
PUBLIC PENSION TO ALTERNATE PAYEE AFTER MARITAL DISSOLUTION, ANNULMENT OR
SEPARATION
     237.600
Payment to alternate payee; provisions of judgment, order or settlement;
administrative expenses. (1)
Notwithstanding any other provision of law, payment of any pension, annuity,
retirement allowance, disability benefit, death benefit, refund benefit or
other benefit under any public employer retirement plan other than the Public
Employees Retirement System that would otherwise be made to a person entitled
to benefits under the plan shall be paid, in whole or in part, to an alternate
payee if and to the extent expressly provided for in the terms of any judgment
of annulment or dissolution of marriage or of separation, or the terms of any
court order or court-approved property settlement agreement incident to any
judgment of annulment or dissolution of marriage or of separation.
Notwithstanding any other provisions of this section, the total value of
benefits payable to a member and to an alternate payee under this section may
not be greater than the value of the benefits the member would otherwise be
eligible to receive. Any payment under this subsection to an alternate payee
bars recovery by any other person.
     (2) A judgment, order or settlement
providing for payment to an alternate payee under subsection (1) of this
section may also provide:
     (a) That payments to the alternate payee
may commence, at the election of the alternate payee, at any time after the
earlier of:
     (A) The earliest date the member would be
eligible to receive retirement benefits if the member separates from service;
or
     (B) The date the member actually separates
from service due to death, disability, retirement or termination of employment.
     (b) That the alternate payee may elect to
receive payment in any form of pension, annuity, retirement allowance,
disability benefit, death benefit, refund benefit or other benefit, except a
benefit in the form of a joint and survivor annuity, available to the member
under the public employer retirement plan, or that would be available to the
member if the member retired or separated from service at the time of election
by the alternate payee, without regard to the form of benefit elected by the
member.
     (c) That the alternate payee’s life is the
measuring life for the purposes of measuring payments to the alternate payee
under the form of benefit selected by the alternate payee.
     (3) Subsection (1) of this section applies
only to payments made by the public employer retirement plan after the date of
receipt by the administrators of the plan of written notice of the judgment,
order or agreement and such additional information and documentation as the
plan administrators may prescribe.
     (4)(a) A judgment, order or agreement
providing for payment to an alternate payee under subsection (1) of this
section may not provide for payment to an alternate payee of:
     (A) Any disability payments provided to a
member of a public employer retirement plan in lieu of workersÂ’ compensation
benefits pursuant to ORS 656.027 (6), to the extent those payments are to be
made before the member attains 55 years of age; or
     (B) Any medical or hospital benefits
payable to a member as part of a disability benefit provided to a member of a
public employer retirement plan in lieu of workersÂ’ compensation benefits
pursuant to ORS 656.027 (6), regardless of the memberÂ’s age.
     (b) Paragraph (a) of this subsection does
not prevent a court from considering the disability payments described in that
paragraph in making a division of property pursuant to ORS 107.105 or an award
of support.
     (5) Any public employer or public employer
retirement plan that is required by the provisions of this section to make a
payment to some person other than a member of the retirement plan offered by
the public employer shall charge and collect out of the benefits payable to the
member and the other person actual and reasonable administrative expenses and
related costs incurred by the public employer or public employer retirement
plan in obtaining data and making calculations that are necessary by reason of
the provisions of this section. A public employer or public employer retirement
plan may not charge more than $300 for total administrative expenses and
related costs incurred in obtaining data or making calculations that are
necessary by reason of the provisions of this section. A public employer or
public employer retirement plan that charges and collects administrative
expenses and related costs under the provisions of this subsection shall
allocate those expenses between the member of the retirement plan and any other
person receiving a benefit from the plan based on the fraction of the benefit
received by the member or person.
     (6) As used in this section:
     (a) “Court” means any court of appropriate
jurisdiction of this or any other state or of the District of Columbia.
     (b) “Member” means a person entitled to a
benefit from a public employer retirement plan.
     (c) “Public employer” means the state, one
of its agencies, any city, county, municipal or public corporation, any
political subdivision of the state or any instrumentality thereof, or an agency
created by two or more such political subdivisions to provide themselves
governmental services.
     (d) “Public employer retirement plan”
means any system, program, annuity, contract or other plan established by a
public employer for the purpose of providing a pension, annuity, retirement
allowance or disability benefit to officers or employees of the public
employer. [1993 c.715 §2; 2003 c.576 §403]
COVERAGE FOR
POLICE OFFICERS AND FIREFIGHTERS
     237.610
Definitions for ORS 237.610 and 237.620. As used in this section and ORS 237.620:
     (1) “Firefighter” means:
     (a) Persons employed by a city, county or
district whose duties involve firefighting, but does not include volunteer
firefighters; and
     (b) The State Fire Marshal and the chief
deputy fire marshal and deputy state fire marshals appointed under ORS 476.040.
     (2)(a) “Police officer” includes:
     (A) Police chiefs and police officers of a
city who are classified as police officers by the council or other governing
body of the city;
     (B) Sheriffs and those deputy sheriffs whose
duties, as classified by the county governing body, are the regular duties of
police officers;
     (C) County adult parole and probation
officers, as defined in ORS 181.610, who are classified by the county governing
body for purposes of this section and ORS 237.620;
     (D) Corrections officers as defined in ORS
181.610;
     (E) Employees of districts whose duties,
as classified by the governing body of the district, are the regular duties of
police officers; and
     (F) Investigators of the Criminal Justice
Division of the Department of Justice.
     (b) “Police officer” does not include
volunteer or reserve police officers or persons considered by the respective
governing bodies to be civil deputies or clerical personnel.
     (3) “Public employer” means any city,
county or district that employs police officers or firefighters. [1971 c.692 §2;
1973 c.19 §2; 1979 c.656 §6; 1981 c.479 §1; 1989 c.614 §2; 1991 c.67 §55; 2005
c.22 §175]
     237.620
Membership of police officers and firefighters. (1) On or before July 1, 1973, all public
employers of police officers and firefighters who are not participants in the
Public Employees Retirement System shall become participants in the system with
respect to the police officers and firefighters employed by them.
     (2) All police officers and firefighters
in the employ of the public employer on the date the public employer becomes a
participant in the system under subsection (1) of this section shall establish
membership under the six-month service requirement of ORS 238.015.
     (3) The participation of the public
employer in the system under this section shall apply to services of its
employee police officers and firefighters on and after the effective date of
the public employerÂ’s participation in the system. The public employer also
shall provide a prior service pension for its police officers and firefighters,
within the limitations of ORS 238.225 (2) (1999 Edition), for continuous
service to the public employer for a period not exceeding 20 years before the
effective date of the public employerÂ’s participation in the system.
     (4) Notwithstanding subsections (1) and
(2) of this section, if a public employer provides retirement benefits to its
police officers and firefighters that are equal to or better than the benefits
that would be provided to them under the system, as determined at the expense
of the public employer by the Public Employees Retirement Board, the public
employer is not required to participate in the system with respect to its
police officers and firefighters. Once every two years the Public Employees
Retirement Board shall review the benefits provided by a public employer that
provides retirement benefits to its police officers and firefighters other than
through the Public Employees Retirement System to determine whether the public
employer complies with the requirements of this subsection. [1971 c.692 §3;
1973 c.704 §16; 1975 c.449 §13; 1989 c.888 §2; 1991 c.67 §56; 2001 c.945 §76;
2003 c.625 §33]
     237.630 [1971 c.692 §4; 1975 c.449 §7; renumbered
237.173 in 1991]
     237.635
Mandated increase in benefits payable under systems other than Public Employees
Retirement System; limitation.
(1) Any public employer that provides retirement benefits to its police
officers and firefighters other than by participation in the Public Employees
Retirement System pursuant to the provisions of ORS 237.620 (4) shall provide
increases to the police officers and firefighters of the public employer, both
active and retired, that are equal to the increases in retirement benefits that
are provided for in this 1991 Act for active and retired police officers or
firefighters who are members of the Public Employees Retirement System, or
shall provide to those police officers and firefighters increases in retirement
benefits that are the actuarial equivalent of the increases in retirement
benefits that are provided for in this 1991 Act for police officers or
firefighters who are members of the Public Employees Retirement System. No
other retirement benefit or other benefit provided by those public employers
shall be decreased by the employer by reason of the increases mandated by this
section.
     (2) The increased benefits provided for in
this section apply only to police officers or firefighters who establish
membership before July 14, 1995, in a retirement plan or system offered by a
public employer in lieu of membership in the Public Employees Retirement System
pursuant to the provisions of ORS 237.620 (4). [1991 c.796 §11; 1995 c.569 §12]
     Note: Pursuant to 173.160, Legislative Counsel has
not substituted specific ORS references for the words “this 1991 Act” in
section 11, chapter 796, Oregon Laws 1991, compiled as 237.635. The sections
for which substitution otherwise would be made may be determined by referring
to the 1991 Comparative Section Table located in Volume 20 of ORS.
     237.637
Additional mandated increase in benefits payable under systems other than
Public Employees Retirement System. Any public employer that provides retirement benefits to its police
officers and firefighters other than by participation in the Public Employees
Retirement System pursuant to the provisions of ORS 237.620 (4) shall provide
increases to the police officers and firefighters of the public employer, both
active and retired, that are equal to the increases in retirement benefits that
are provided for in chapter 569, Oregon Laws 1995, for active and retired
police officers or firefighters who are members of the Public Employees
Retirement System, or the public employer shall provide to those police
officers and firefighters increases in retirement benefits that are the
actuarial equivalent of the increases in retirement benefits that are provided
for in chapter 569, Oregon Laws 1995, for police officers or firefighters who
are members of the Public Employees Retirement System. Increases provided under
this section shall be reduced by the amount of any benefit increase provided by
ORS 237.635 in the same manner that increases in retirement benefits that are
provided for in chapter 569, Oregon Laws 1995, for active and retired police
officers or firefighters who are members of the Public Employees Retirement
System are reduced to reflect amounts paid to those members under the
provisions of chapter 796, Oregon Laws 1991. No other retirement benefit or
other benefit provided by those public employers shall be decreased by the
employer by reason of the increases mandated by this section. [1995 c.569 §11]
     Note: Legislative Counsel has substituted “chapter
569, Oregon Laws 1995,” for the words “this Act” in section 11, chapter 569,
Oregon Laws 1995, compiled as 237.637. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by referring
to the 1995 Comparative Section Table located in Volume 20 of ORS.
     237.640 [1971 c.692 §5; 1973 c.704 §17; 1975 c.449 §8;
1991 c.813 §12; renumbered 237.163 in 1991]
LEGISLATOR
RETIREMENT PLANS
     237.650
Retirement plan election.
(1) A person appointed or elected as a member of the Legislative Assembly must
elect within 30 days after taking office if the person will:
     (a) Become a member of the Oregon Public
Service Retirement Plan established under ORS chapter 238A;
     (b) Become a legislator member of the
state deferred compensation plan under ORS 237.655; or
     (c) Decline to become a member of the
Oregon Public Service Retirement Plan, or to become a legislator member of the
state deferred compensation plan, for service as a member of the Legislative
Assembly.
     (2) Written notice of a person’s election
under this section must be given to the Public Employees Retirement Board. If
the board does not receive written notice within 30 days after the person takes
office, the person shall be conclusively deemed to have elected to become a
legislator member of the state deferred compensation plan under ORS 237.655.
     (3) Any member of the Legislative Assembly
who elects to become a member of the Oregon Public Service Retirement Plan may
request that the Public Employees Retirement Board roll over the amount in the
regular account maintained for the member under ORS 238.250 into the individual
account maintained for the member under the individual account program.
     (4) An election under this section does
not affect the ability of a person appointed or elected as a member of the
Legislative Assembly to participate in the state deferred compensation plan in
the manner provided by ORS 243.401 to 243.507. [2003 c.733 §46a]
     Note: 237.650 to 237.660 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
237 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     Note: Section 46b, chapter 733, Oregon Laws 2003,
provides:
     Sec.
46b. Application; temporary provision for current members of Legislative
Assembly. (1) Except as
provided in subsection (2) of this section, section 46a of this 2003 Act
[237.650] applies to all members of the Legislative Assembly who take office on
or after the effective date of this 2003 Act [August 29, 2003].
     (2) In addition to the options provided by
section 46a of this 2003 Act, any person who is a member of the Legislative
Assembly on the effective date of this 2003 Act and who is a member of the
Public Employees Retirement System on the effective date of this 2003 Act may
elect to remain a member of the system under ORS chapter 238 for so long as the
member remains in continuous service as a member of the Legislative Assembly.
An election under this subsection must be made in the manner provided by
section 46a (2) of this 2003 Act.
     (3) A member of the Legislative Assembly
remains in continuous service as a member of the Legislative Assembly for the
purposes of subsection (2) of this section for so long as the member continues
in office without a break in service as described in sections 2 [238A.025] and
2a of this 2003 Act. [2003 c.733 §46b]
     237.655
Legislator members of state deferred compensation plan. (1) If a person appointed or elected as a
member of the Legislative Assembly elects under ORS 237.650 to participate in
the state deferred compensation plan as a legislator member, the Legislative
Assembly shall make employer contributions to the plan in an amount that is
equal to six percent of the memberÂ’s salary. A legislator member may make
contributions to the plan in any amount that does not exceed the maximum
allowed by federal law governing the planÂ’s tax qualification.
     (2) Any member of the Legislative Assembly
who elects to become a legislator member of the state deferred compensation
plan may request that the Public Employees Retirement Board roll over the
amount in the regular account maintained for the member under ORS 238.250 into
the state deferred compensation plan.
     (3) Except for the contributions required
by subsection (1) of this section, the Legislative Assembly may not “pick-up,”
assume or pay any contributions on behalf of a legislator member of the state
deferred compensation plan. [2003 c.733 §46c]
     Note: See first note under 237.650.
     237.660
Special rule for public employees elected or appointed to Legislative Assembly. (1) A person who is serving with a
participating public employer, who will receive benefits under ORS chapter 238
by reason of that service, who is elected or appointed to the Legislative
Assembly, and who does not leave employment with the participating public
employer by reason of that election or appointment, must elect one of the
options provided by ORS 237.650 for the purposes of service by the person
during sessions of the Legislative Assembly. A person described in this
subsection shall receive benefits under ORS chapter 238 for all hours of
service that are not performed during a session of the Legislative Assembly.
     (2) A person who is serving with a
participating public employer, who is a member of the pension program or the
individual account program, and who is elected or appointed to the Legislative
Assembly may not make an election under ORS 237.650 and shall continue
membership in the pension program or individual account program for the
purposes of all service by the person as a member of the Legislative Assembly. [2003
c.733 §46d]
     Note: See first note under 237.650.
LIQUIDATION
OF PRE-1953 RETIREMENT SYSTEM
     237.950
Pre-1953 Public Employees Retirement System abolished. The Public Employees Retirement System of
the State of Oregon, established by chapter 401, Oregon Laws 1945, as amended,
hereby is abolished, subject to the provisions of ORS 237.950 to 237.980. [1953
c.180 §2]
     237.952
Public Employees Retirement Board; rules. (1) There hereby is established and created the Public Employees
Retirement Board, which shall administer the provisions of ORS 237.414 and
237.950 to 237.980, shall have powers and duties herein provided, and shall be
comprised of five persons appointed by the Governor. The term of each appointee
shall be four years.
     (2) The board shall have the powers and
privileges of a corporation, including the right to sue and be sued in its own
name.
     (3) Members of the board shall be citizens
of the United States and residents of the State of Oregon for at least two years
immediately preceding their appointment to the board. Two members shall not be
employed by a public employer during their respective terms of office on the
board or have been so employed during the two years immediately preceding
appointment to the board. The other three members of the board shall be
employees of public employers under Social Security coverage and so employed
throughout the respective terms of their appointment. Any vacancy on the board
shall be filled by appointment for the unexpired term of the member replaced.
     (4) The successor of a board member in
either group shall have the qualifications herein prescribed for such group.
     (5) The board shall, at its first meeting
of each fiscal year, designate one of its members to serve as chairperson of
the board for the ensuing year and until a successor is designated and takes
that office. The board shall hold meetings as frequently as may be necessary
for the performance of its duties.
     (6) Within the limitations of ORS 237.414
and 237.950 to 237.980, the board shall have the power to establish and enforce
rules and regulations for transacting its business and administering ORS
237.414 and 237.950 to 237.980.
     (7) Members of the board shall serve
without compensation but shall be reimbursed for their necessary expenses
incurred in the performance of their duties as such members. [1953 c.180 §9;
1953 c.521 §3; 1991 c.67 §57]
     237.956
Director and staff. The
board shall employ a director whose duties shall be as hereinafter provided.
All ministerial duties required in the administration of ORS 237.414 and
237.950 to 237.980 shall be performed by the director and by employees under
the direction of the director. The director shall hold the position during the
pleasure of the board and shall furnish such bond as required by the board. The
board shall also designate an employee to perform duties in the absence of the
director. [1953 c.180 §10; 1973 c.704 §18]
     237.960
Transfer of assets and administration of retirement fund. (1) All assets of the previously existing
Public Employees Retirement System, as of March 27, 1953, including moneys and
securities, accounts receivable, office equipment and all personal property of
any description, hereby are transferred to the Public Employees Retirement Board
created and established by ORS 237.952, which board shall have control thereof
for the purpose of liquidating the obligations of the Public Employees
Retirement System and otherwise applying such assets as herein directed.
     (2) During the period of liquidation the
board may invest and reinvest moneys, purchase, sell and exchange securities as
in its judgment to the best interest of beneficiaries.
     (3) The board shall succeed to all the
duties and prerogatives of the Public Employees Retirement Board created by
chapter 401, Oregon Laws 1945, as amended, in relation to the Public Employees
Retirement Fund. Said fund shall be and remain a trust fund for the purpose of
liquidating the obligations of the abolished retirement system, and the Public
Employees Retirement Board created by ORS 237.952 hereby is declared to be the
trustee of said fund.
     (4) From the current service account of
the State of Oregon in the Public Employees Retirement Fund there shall be
transferred to the Social Security Revolving Account an amount of $60,000 which
shall be recovered from the participating employers in the manner prescribed by
ORS 237.520 (2003 Edition), and upon recovery shall be repaid to the Public
Employees Retirement Board. [1953 c.180 §3; 2005 c.755 §60]
     237.964
Collection of accrued liabilities. In order to liquidate accrued liabilities with respect to prior
service credit and delinquent contributions, each public employer which at any
time prior to March 27, 1953, has participated in the Public Employees
Retirement System shall continue to remit payments to the Public Employees
Retirement Board at the rate and in the time and manner prescribed by chapter
401, Oregon Laws 1945, as amended. The board shall have a right of action
against any such public employer for the enforcement of the provisions of this
section. [1953 c.180 §5]
     237.968
Continuation of retirement benefits of certain members. The board shall pay all retirement benefits
to which members of the Public Employees Retirement System who retired prior to
March 27, 1953, may be entitled under the provisions of chapter 401, Oregon
Laws 1945, as amended, and shall give full recognition to all rights to which
such members are entitled under said law. The board also shall determine and
pay in accordance with the provisions of that law retirement benefits to which
members of the Public Employees Retirement System are entitled by the
provisions of said law. [1953 c.180 §4]
     237.972
Continuation of abolished system with regard to certain members. Notwithstanding any other provision of
chapter 180, Oregon Laws 1953, chapter 401, Oregon Laws 1945, as amended, shall
remain in full force and effect with respect to any employee of a public
employer which heretofore withdrew from the Public Employees Retirement System pursuant
to subsection (5) of section 8 of said law, as amended by section 1, chapter
322, Oregon Laws 1951, who did not sign the petition for such withdrawal. Such
employee shall be and remain a member of the Public Employees Retirement System
with full rights and benefits thereunder as if chapter 180, Oregon Laws 1953,
had not been passed; and until the entire obligation of the public employer
with respect to all such employees, as provided in chapter 401, Oregon Laws
1945, as amended, shall have been paid in full, such public employer shall
continue to deduct from payrolls and transmit the contributions thereby
required and make the matching contributions thereby required to the Public
Employees Retirement Board created by ORS 237.952 and such public employer
shall remain liable to such Public Employees Retirement Board for all
contributions required by such law together with interest thereon at the legal
rate from the date of any delinquency. [1953 c.180 §11]
     237.976
Disposition of contributions made under abolished system. (1) From contributions of each employee and
the matching contributions of the employer, respectively, due and paid to the
Public Employees Retirement Fund for services performed after January 1, 1951,
there shall be deducted as much thereof as necessary to constitute an amount
equal to the total sum of the tax which would have been imposed upon the
employee and the employer, respectively, by sections 1400 and 1410 of the
Internal Revenue Code, if the services of the employee subsequent to January 1,
1951, had constituted employment as defined by section 1426 of such Code;
provided, however, that no such deductions shall be made from the contributions
of the employees referred to in ORS 237.972 or from the matching contributions
of their employers, heretofore or hereafter paid into the Public Employees
Retirement Fund. A sum equal to the total of the amounts deducted as provided
in the preceding sentence hereby is transferred from the Public Employees
Retirement Fund to the Social Security Revolving Account in the General Fund
created by ORS 237.490, and shall be expended by the Public Employees
Retirement Board in payment of the contributions required to secure coverage
under the system of Old Age and Survivors Insurance established by title 2 of
the Social Security Act, effective from January 1, 1951, for all employees with
respect to whom such deductions were made.
     (2) Each member of the Public Employees
Retirement System shall have the right to a refund of all contributions
heretofore paid by the member into the fund after deducting therefrom the
amount herein specified for Social Security coverage, providing that within 60
days after March 27, 1953, the member signs and files a written request
therefor with the Public Employees Retirement Board, in which event such
contribution shall be paid to the member by the Public Employees Retirement
Board as soon thereafter as practicable and in no case later than October 1,
1953. The refund of all contributions paid by the member, as by this section
authorized, in the case of each applicant who receives such refund shall
extinguish all the rights of membership in the Public Employees Retirement
System established by chapter 401, Oregon Laws 1945, including the right to
claim credit for any time whatever spent in public employment prior to the
receipt of such refund. Unless an employee shall have filed such request for
refund within said 60 days the balance of contributions of the employee
remaining after such deduction, together with an equal amount contributed by
the employer, and the contributions of the employers based on the prior service
credit of the employee, shall be used to purchase retirement benefits for such
employee in accordance with ORS chapter 238. If, pending such disposition of employeesÂ’
contributions, any employee should die, the accumulated contributions of the
employee shall be paid as the employee shall have directed in writing. In the
absence of such written direction, the accumulated contributions shall be paid
in accordance with the provisions of chapter 401, Oregon Laws 1945, as amended.
     (3) There shall be no refund made to any
participating employer until such time as all liabilities against such employer
have been fully liquidated and discharged. [1953 c.180 §6; 1953 c.521 §1]
     237.980
Rights and moneys exempt from taxation, execution and bankruptcy and are
unassignable. During the
entire period of liquidation of the Public Employees Retirement System, the
right of a person to a pension, annuity or a retirement allowance, to the
return of contributions upon separation from service with a public employer,
the refund of contributions authorized by ORS 237.976, the payment of annuity,
or retirement allowance itself, any optional benefit or death benefit, or any
right accrued or accruing to any person under the provisions of the repealed
Public EmployesÂ’ Retirement Act [chapter 401, Oregon Laws 1945] or ORS 237.412
to 237.418 or 237.950 to 237.980, shall be exempt from all state, county and
municipal taxes, and shall not be subject to execution, garnishment, attachment
or any other process or to the operation of any bankruptcy or insolvency law,
and shall not be assignable. [1953 c.180 §7; 1953 c.521 §2]
_______________
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