2019 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 238 - Public Employees Retirement System
Section 238.082 - Limits on hours worked by retired members.

(2) Except as provided in this section, the period or periods of employment by one or more public employers of a retired member who is reemployed under this section may not total 1,040 hours or more in any calendar year.

(3) A retired member who is receiving old-age, survivors or disability insurance benefits under the federal Social Security Act may be employed under this section for the number of hours permitted by subsection (2) of this section, or for the number of hours for which the salary equals the maximum allowed for receipt of the full amount of those benefits to which the person is entitled, whichever is greater.

(4) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed as a teacher or as an administrator, as those terms are defined in ORS 342.120, if the retired member is employed by a school district or community college district located within a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census, or is employed by an education service district and the retired member’s primary work duties are performed in a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census. A retired member who is employed under this subsection as a teacher, as defined in ORS 342.120, by the same public employer that employed the member at the time of retirement remains in the same collective bargaining unit that included the member before retirement.

(5) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed:

(a) By the sheriff of a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(b) By the municipal police department of a city with a population of fewer than 15,000 inhabitants, according to the latest federal decennial census;

(c) By the state or a county for work in a correctional institution located in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(d) By the Black Butte Ranch Rural Fire Protection District, the Black Butte Ranch Service District or the Sunriver Service District;

(e) By the Oregon State Police for work in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(f) As a deputy director or assistant director of the Department of Human Services, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section;

(g) As a deputy director or assistant director of the Oregon Health Authority, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section;

(h) As a special campus security officer commissioned by the governing board of a public university listed in ORS 352.002 under ORS 352.118;

(i) As a security officer for a community college, as defined in ORS 341.005; or

(j) By the Harney County Health District as a person licensed, registered or certified to provide health services.

(6) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed to temporarily replace an employee who serves in the National Guard or in a reserve component of the Armed Forces of the United States and who is called to federal active duty.

(7) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed by a road assessment district organized under ORS 371.405 to 371.535.

(8) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is a nurse and is employed by a public employer as a nurse or for the purpose of teaching nursing during the period in which a nursing workforce shortage declared by the Legislative Assembly or the Governor is in effect.

(9)(a) Except as provided in paragraph (b) of this subsection, subsections (4) to (8) of this section do not apply to any member who retires under the provisions of ORS 238.280 (1), (2) or (3).

(b) Subsection (4) of this section applies to a person who retires under the provisions of ORS 238.280 (1), (2) or (3) as long as the person’s date of retirement is more than six months before the date the person is employed under subsection (4) of this section.

(10) Employment under this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under this chapter.

(11) Hours worked by a person employed under subsections (4) to (8) of this section shall not be counted for the purpose of the limitations on employment imposed by subsections (2) and (3) of this section. [Formerly 237.143; 1997 c.178 §1; 2001 c.874 §2; 2003 c.625 §34; 2005 c.808 §40; 2007 c.307 §1; 2007 c.404 §4; 2007 c.774 §1; 2007 c.789 §4; 2009 c.390 §1; 2009 c.868 §§3,5; 2011 c.720 §69; 2019 c.152 §5; 2019 c.496 §2]

Note: Sections 34, 35 and 38, chapter 355, Oregon Laws 2019, provide:

Sec. 34. Section 35 of this 2019 Act is added to and made a part of ORS chapter 238. [2019 c.355 §34]

Sec. 35. Employment of retired member without limitation on hours during calendar year 2020, 2021, 2022, 2023 or 2024. (1) Notwithstanding ORS 238.082 (2) and subject to the limitations in this section, during calendar year 2020, 2021, 2022, 2023 or 2024, a participating public employer may employ any retired member without limitation on the hours worked by the retired member if the administrative head of the public employer is satisfied that the employment is in the public interest.

(2) A public employer that employs a retired member under ORS 238.082 or 238.088 (2) during calendar year 2020, 2021, 2022, 2023 or 2024 shall contribute to the Public Employees Retirement Board the percentage of the member’s wages that would have been contributed to the board under ORS 238.225 if the member were an active member of the Public Employees Retirement System. Employer contributions made under this section are in addition to employer contributions made under ORS 238.225. The board shall apply contributions made by a public employer under this subsection against the liabilities of the public employer. The board shall adopt rules governing payments made under this subsection.

(3) A retired member who is receiving old-age, survivors or disability insurance benefits under the federal Social Security Act may be employed during calendar year 2020, 2021, 2022, 2023 or 2024 for no more than the number of hours for which the salary equals the maximum allowed for receipt of the full amount of those benefits to which the person is entitled.

(4) This section does not apply to any member who retires under the provisions of ORS 238.280 (1), (2) or (3), unless the person’s date of retirement is more than six months before the date the person is employed under this section.

(5) Employment under this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under this chapter [ORS chapter 238]. [2019 c.355 §35]

Sec. 38. Sections 35 and 37 of this 2019 Act are repealed on January 2, 2025. [2019 c.355 §38]

Note: Sections 2 and 3, chapter 499, Oregon Laws 2007, provide:

Sec. 2. (1) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member who is a registered nurse and who is employed by a public employer as a nursing instructor.

(2) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member who is employed by the Department of Public Safety Standards and Training for the purpose of providing training under ORS 181.610 to 181.712 [series became 181A.355 to 181A.670].

(3) This section does not apply to any member who retires under the provisions of ORS 238.280 (1) or (3).

(4) Hours worked by a person employed under this section shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3).

(5) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter. [2007 c.499 §2; 2009 c.390 §§3,10]

Sec. 3. Section 2, chapter 499, Oregon Laws 2007, is repealed January 2, 2026. [2007 c.499 §3; 2015 c.108 §1]

Note: Sections 2 to 4, chapter 6, Oregon Laws 2016, provide:

Sec. 2. (1) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member who is employed by a school district or education service district to provide services as a speech-language pathologist or speech-language pathology assistant.

(2) This section does not apply to any member who retires under the provisions of ORS 238.280 (1) or (3) unless the person’s date of retirement is more than six months before the date the person is employed under this section.

(3) Hours worked by a person employed under this section may not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3).

(4) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter [ORS chapter 238]. [2016 c.6 §2]

Sec. 3. Section 2 of this 2016 Act applies to hours worked by a person employed by a school district or education service district to provide services as a speech-language pathologist or speech-language pathology assistant on and after January 1, 2016. [2016 c.6 §3]

Sec. 4. Section 2 of this 2016 Act is repealed January 2, 2026. [2016 c.6 §4]

Note: Sections 2 and 3, chapter 475, Oregon Laws 2015, provide:

Sec. 2. (1) As used in this section, "teacher of career and technical education" means a teacher licensed by the Teacher Standards and Practices Commission to instruct any career and technical education course or program in any career and technical education field.

(2) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member who is employed by a school district or an education service district as a teacher of career and technical education.

(3) This section applies to a person who retires under the provisions of ORS 238.280 (1), (2) or (3) as long as the person’s date of retirement is more than six months before the date the person is employed under this section.

(4) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter.

(5) Hours worked by a person employed under subsection (2) of this section shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3). [2015 c.475 §2]

Sec. 3. Section 2, chapter 475, Oregon Laws 2015, is repealed on June 30, 2023. [2015 c.475 §3; 2018 c.48 §1]