Public Employees Retirement System

ORS 238.555
Disability retirement allowance


(1)

(a) A judge member who has not attained the age of 65 years and who is found to be mentally or physically incapacitated for an extended duration, as determined by medical examination by one or more physicians selected by the board, and thereby unable to perform any work for which qualified, by injury or disease sustained while in actual performance of duty and not intentionally self-inflicted, shall be retired for disability and shall receive as a disability retirement allowance, payable monthly, a pension equal to the service retirement allowance to which the judge member would be entitled under ORS 238.535 (Service retirement allowance) (1)(a), had the judge member served as a judge continuously until attaining the age of 65 years, but not less than an annual amount equal to 45 percent of the final average salary, as defined in ORS 238.535 (Service retirement allowance) (2), of the judge member.

(b)

As used in paragraph (a) of this subsection, “injury” means bodily injury causing the disability directly and independently of all other causes and effected solely through accidental means.

(2)

A judge member who has six or more years of service as a judge, who has not attained the age of 65 years and who is found to be mentally or physically incapacitated for an extended duration, as determined by medical examination by one or more physicians selected by the board, and thereby unable to perform any work for which qualified, from cause other than injury or disease sustained while in actual performance of duty and not intentionally self-inflicted, shall be retired for disability and shall receive as a disability retirement allowance, payable monthly, a pension equal to the service retirement allowance to which the judge member would be entitled under ORS 238.535 (Service retirement allowance) (1)(a) had the judge member served as a judge continuously until attaining the age of 65 years, but not less than an annual amount equal to 45 percent of the final average salary, as defined in ORS 238.535 (Service retirement allowance) (2), of the judge member.

(3)

The effective date of the disability of a judge member shall not be determined by the board as prior to the last day for which the judge member performed service as a judge.

(4)

No disability retirement allowance may be paid for any month in which the judge member received salary or sick leave benefits from the state.

(5)

ORS 238.320 (Disability retirement allowance) (4) and (5), 238.330 (Minimum disability retirement allowance) (3), 238.335 (Medical examination for disability retirement allowance) and 238.340 (Return to work) apply to retirement of a judge member for disability.

(6)

A judge member who is retired under the provisions of ORS 1.310 (Involuntary retirement of judges for disability) is entitled to any applicable retirement allowance for which eligible under ORS 238.500 (Definitions for ORS 238.500 to 238.585) to 238.585 (Use of creditable service by person who serves as both member and judge member). [Formerly 237.225]
Chapter 238

Law Review Citations

96 OLR 249 (2017)


Source

Last accessed
Jun. 26, 2021