Public Employees Retirement System
Membership of part but not all employees of a public employer
(1)A public employer that is not participating in the system may, by application to the board, designate any class of employees of the public employer to become members of the system at the time of entering the system.
(2)The board shall consider an application received under this section to be an application to become a participating employer under this chapter, but only to the extent of providing membership for the class of employees designated in the application.
(3)The board, upon such terms as are set forth in a contract between the board and the employer, shall allow every employee in the designated class to become members of the Public Employees Retirement System in accordance with this chapter. A contract entered into under this section shall require the public employer to agree to eventually contract to provide membership to all of the employees who do not become members of the system at the time that the employer becomes a participating employer.
(4)All employees who have completed the period of service with the public employer that is required under ORS 238.015 (Membership generally) shall become members of the system on a date specified by the board. All other employees in the designated class shall become members upon completion of the required period of service.
(5)The contract provided for in subsection (3) of this section may be in addition to or in lieu of a contract of integration under ORS 238.680 (Integration of other retirement systems).
(6)An employer entering into a contract under subsection (3) of this section may at any time thereafter enter into a contract with the board to provide membership to all or part of the employees who do not become members of the system at the time that the employer becomes a participating employer. Except as may be provided for prior service credit, or under a contract of integration under ORS 238.680 (Integration of other retirement systems), employees shall receive no retirement credit for the period during which the employee was exempted from contributing to the fund under the agreement, but the employee shall be considered to have completed the six months’ service required for membership in the system if the employee has served with the employer for at least six months. When the employee starts to participate in the system the employer shall start to contribute to the fund on account of the employee in the same manner as the employer contributes on account of other employees who are members of the system. [Formerly 237.031; 2001 c.945 §31]
Law Review Citations
96 OLR 249 (2017)