Chapter 238
Public Employees Retirement System

Sections

Computation of salary

Membership generally

Effect of service interruptions on membership

Membership of part but not all employees of a public employer

Membership of certain circuit court judges

Membership of judges previously receiving retirement pay from Judges’ Retirement Fund

Membership of deputy district attorneys

Membership of legislators

Membership of certain legislative employees

Membership of community college employees

Reemployment of retired members

Limits on hours worked by retired members

Appointment or election of retired member to public office

Option of legislators to receive certain benefits

Termination of membership

Restoration of credit forfeited by reason of termination of membership

Alternate method of restoring credit forfeited by reason of termination of membership

Credit for probationary period of employment

Credit for probationary periods in seasonal positions

Credit for service as police officer or firefighter with nonparticipating employer

Credit for service as public safety officer in another state

Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces

Alternative provision for retirement credit for periods of service in uniformed services

Retirement credit for service while on loan to federal government

Retirement credit for service as teacher in public schools of another state

Credit for certain periods of employment by Legislative Assembly

Retirement credit for periods of disability

Employee contributions generally

Payment of employee contribution by employer

Payment of certain circuit court judge employee contributions by employer

Contributions by certain higher education employees

Employee rollover contributions

Trustee-to-trustee transfers to fund restoration of forfeited service or purchase of retirement credit

Employer contributions

Pooling of employers for purpose of computing employer contributions

Effect of lump sum payment to side account on contributions of pooled employer

Choice of amortization period for certain lump sum payments to side accounts

Unfunded liability or surplus after employee transfer or employer merger, consolidation or split

Regular accounts

Credits to regular accounts when earnings less than assumed interest rate

Variable Annuity Account

Withdrawal of member account

Transfer of member account to other public employee retirement system

Eligibility for retirement

Verification of retirement data

Service retirement allowance

Optional service retirement allowance calculations

Minimum service retirement allowance

Lump sum payment in lieu of small allowance

Disability retirement allowance

Optional disability retirement allowance calculations

Minimum disability retirement allowance

Medical examination for disability retirement allowance

Optional service-connected disability retirement allowance for police officers and firefighters

Use of unused leave to increase retirement allowance

Computation of unused sick leave for community college employees

Cost-of-living adjustments

Consumer price index for calculation of cost of living adjustments

Increased benefits payable in compensation for certain damages attributable to taxation of benefits

Calculation of increased benefit payable under ORS 238.362

Retirement allowance increase based on years of service

Retirement allowance increases for members who retired before January 1, 1991

Increased benefits not payable to nonresidents

Applicant’s statement

Nonresidency after benefits commenced

Information from Department of Revenue

Statements constitute declaration under penalty of perjury

Additional death benefit

Payment upon death of retired member who dies before making election of retirement benefits

Death benefit payable to survivors of certain police officers or firefighters

Distribution of death benefit as rollover distribution

Board may contract for insurance for retirees

Payment toward cost of pre-Medicare insurance

Payment toward cost of Medicare supplemental insurance

Benefits payable to vested inactive member

Limitation on benefits payable to persons establishing membership on or after January 1, 1996

Provisions applicable to persons establishing membership on or after January 1, 1996

Optional purchase of benefit units by police and firefighters

Prior service credit

Benefits exempt from execution, bankruptcy and certain taxes

Execution or assignment of benefits to collect restitution or compensatory fine for felony

Computation of retirement allowance or benefit

Estimated benefit payments

Unclaimed benefits

Waiver of retirement allowance

Spousal consent required for certain optional forms of retirement allowance

Benefits payable to others under certain judgments

Interest on payments from fund

Effect of transfer of employee to another participating employer

Effect of change to calendar year on contributions and credit of members

Fund established

Payment of benefits

Administrative expenses

Rules for administration of fund

Definitions for ORS 238.500 to 238.585

Judges as PERS members

Compulsory retirement age

Service retirement allowance

Health benefit plans for certain retired judge members

Withdrawal of member account

Disability retirement allowance

Judge’s beneficiaries

Cost-of-living adjustments

Application of PERS laws to judges

Use of creditable service by person who serves as both member and judge member

System established

Legislative findings and intent

Actuarial report on system

Independent review of actuarial report on system

Actuarial equivalency factor tables

Separate actuarial equivalency factor tables for certain police officers and firefighters

Administrative expenses of system

Revolving fund for payment of administrative expenses

Exclusion of employer or employee from system to maintain tax qualification

Report on changes to actuarial methods and assumptions

Board generally

Board consideration of system goals and objectives

Qualifications of board members

Director and staff

Authority of Director of Public Employees Retirement System to require fingerprints

Procedure for board hearings

Moneys in fund appropriated to board

Contributions and interest not included in board’s budget

Reserve accounts in fund

Proposal to legislative review agency for crediting of interest or income

Crediting of earnings to employer upon death or retirement of member

Transfer of unclaimed death benefit or account balance to other account or reserve

Integration of other retirement systems

Method of payment of unfunded obligation under integration contract

Integration of retirement plan of mass transit district

Definitions for ORS 238.692 to 238.698

Certain public bodies authorized to issue bonds to finance pension liabilities

Intergovernmental agreements for collective issuance, administration or payment of bonds

Debt service trust fund

Requirements for issuance of bonds

Funds diversion agreement

Enforcement of requirements of ORS chapters 238 and 238A

State departments to remit contributions and furnish reports

Mandamus against defaulting employer

Recovery of overpayments

Rollover contributions

Unfunded Actuarial Liability Resolution Program

Up to date

Current through early 2024

Chap. 238’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_chapter_238

Original Source: Chapter 238 — Public Employees Retirement System, https://www.oregonlegislature.gov/bills_laws/ors/ors238.html (last accessed Jun. 16, 2023).