ORS Chapter 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.