Public Employees Retirement System
Qualifications of board members
(1)All members of the Public Employees Retirement Board must be at least 21 years of age, be citizens of the United States and have been residents of the state for at least two years immediately preceding appointment to the board.
(2)One member of the board must be:
(a)An employee of the state in a management position at the time of appointment and throughout the term of appointment; or
(b)A person who holds an elective office, by election or appointment, in the governing body of a participating public employer, other than the state.
(3)One member of the board must be either:
(a)A retired member of the Public Employees Retirement System who retired from a position in an appropriate bargaining unit as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.806); or
(b)A public employee, as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.806), who is in an appropriate bargaining unit, as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.806), and who has an exclusive representative at the time of the member’s appointment and throughout the term of the member. Membership on the board does not affect the status of the person as a public employee, as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.806).
(4)Three members of the board must have experience in business management, pension management or investing. A member appointed under this subsection may not be a member of the Public Employees Retirement System or a beneficiary of a member of the system, and may not have any interest in benefits provided by the system.
(5)Notwithstanding the qualifications established for members of the board under this section, all members of the board have the same fiduciary duties and must exercise the same degree of independent judgment.
(6)Any vacancy on the board shall be filled by appointment for the unexpired term of the member replaced. Members of the board may be reappointed.
(7)Except as provided in subsection (8) of this section, a member of the board is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) from the Public Employees Retirement Fund.
(8)Any member of the board who is an active member of the system shall be released by the participating public employer who employs the member for the purpose of conducting the official business of the board. The wages or salary of the member shall not be reduced during periods that the member is released from duty for the purpose of conducting the official business of the board. The board shall reimburse a public employer for the cost of continuing the wages or salary of the member while the member is released from duty under this subsection. A member who continues to receive wages or salary under the provisions of this subsection shall not receive compensation under ORS 292.495 (Compensation and expenses of members of state boards and commissions), but shall receive travel and other expenses provided for under ORS 292.495 (Compensation and expenses of members of state boards and commissions). The provisions of this subsection do not apply to any person who is a member of the board and who holds another office that is subject to the provisions of section 10, Article II of the Oregon Constitution, prohibiting the holding of more than one lucrative office. [Formerly 237.255; 1997 c.324 §1; 2001 c.945 §6a; 2003 c.69 §2; 2010 c.1 §1]
Law Review Citations
96 OLR 249 (2017)