ORS 237.637
Additional 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 (Membership of police officers and firefighters in Public Employees Retirement System) 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 (Mandated increase in benefits payable under systems other than Public Employees Retirement System) 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.

(2)

A public employer that is subject to the requirements of this section shall cease paying increased retirement benefits under this section if the payments made to the person are not subject to Oregon personal income tax under ORS 316.127 (Income of nonresident from Oregon sources) (9). A public employer that is subject to the requirements of this section shall adopt procedures similar to those described in ORS 238.372 (Increased benefits not payable to nonresidents) to 238.384 (Rules) for the purpose of implementing this subsection. The Department of Revenue shall provide to a public employer that is subject to the requirements of this section the information regarding Oregon personal income tax returns that the public employer deems necessary to determine whether the retirement benefits paid to the person by the public employer are subject to Oregon personal income tax under ORS 316.127 (Income of nonresident from Oregon sources) (9). [1995 c.569 §11; 2007 c.622 §4; 2011 c.653 §8; 2013 c.53 §16]
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 (Additional mandated increase in benefits payable under systems other than Public Employees Retirement System). Specific ORS references have not been substituted pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication). These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 22 of ORS.
§§ 237.610 to 237.640

Notes of Decisions

In home rule cities, retirement and life insurance benefits for police officers and firemen are predominantly matters of state concern rather than local concern. La Grande/Astoria v. Public Employes Retirement Board, 281 Or 137, 576 P2d 1204 (1977)

Const. Art. XI §2, providing that “Legislative Assembly shall not enact, amend, or repeal any charter or act of incorporation for any municipality, city or town,” did not deny legislature authority to enact statewide standards for police and fire fighters retirement and insurance benefits. La Grande/Astoria v. PERB, 284 Or 173, 586 P2d 765 (1978)

Chapter 237

Atty. Gen. Opinions

Authority for voluntary pension trust program for public employees not in education, (1971) Vol 35, p 998; application of 1971 amendments to benefits under this chapter to retired teachers, (1972) Vol 35, p 1243; retroactive credit for employees of the Legislative Assembly for benefits of the Public Employes’ Retirement System, (1973) Vol 36, p 491; eligibility of Teachers’ Retirement Fund members for increased retirement benefits under 1973 law, (1973) Vol 36, p 687; implied standards for level of funding which must be maintained to achieve “actuarial soundness,” (1977) Vol 38, p 880


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May. 15, 2020