Bill Text: OR HB2114 | 2011 | Regular Session | Introduced

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Bill Title: Relating to membership in the individual account program of the Oregon Public Service Retirement Plan; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2114 Detail]

Download: Oregon-2011-HB2114-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 587

                         House Bill 2114

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber
  for Public Employees Retirement System)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that inactive member of pension program of Oregon
Public Service Retirement Plan who withdrew amounts in individual
account program becomes member of individual account program
immediately upon reemployment in qualifying position.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to membership in the individual account program of the
  Oregon Public Service Retirement Plan; creating new provisions;
  amending ORS 169.810 and 238A.300; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 238A.300 is amended to read:
  238A.300.  { + (1) + } Except as provided in ORS 238A.100
(2) { +  and subsection (2) of this section + }, an eligible
employee who is employed in a qualifying position on or after
August 29, 2003, by a public employer that is participating in
the individual account program and who will not receive benefits
under ORS chapter 238 for service with the participating public
employer pursuant to the provisions of ORS 238A.025 becomes a
member of the individual account program on the first day of the
month after the employee completes six full calendar months of
employment. The six-month probationary period may not be
interrupted by more than 30 consecutive working days.
   { +  (2) An inactive member of the pension program who
terminated membership in the individual account program pursuant
to ORS 238A.310 (2) becomes a member of the individual account
program immediately upon reemployment in a qualifying
position. + }
  SECTION 2. ORS 169.810 is amended to read:
  169.810. (1) Assumption by the regional correctional facility
of those custodial duties formerly performed by a county or city
jail constitutes an assumption of duties by a public employer
subject to ORS 236.610 to 236.640.
  (2) An employee who transfers from employment at a county or
city jail to employment at a regional correctional facility
operated by the county or city by which the employee has been
employed shall be accorded the following rights:

  (a) If a trial or probationary service period is required for
employment at the county or city jail, the period of county or
city employment of the employee shall apply to that requirement.
  (b) An employee who transfers from employment at a county or
city jail to employment at the regional correctional facility
shall retain accumulated unused sick leave with pay and the
accumulated unused vacation with pay to which the employee was
entitled under county or city employment on the day before the
transfer that are supported by written records of accumulation
and use pursuant to a plan formally adopted and applicable to the
employee under county or city employment.
  (c) Notwithstanding any other provision of law applicable to a
retirement system for county employees or city employees, an
employee who transfers from employment at a county or city jail
to employment at the regional correctional facility who was
participating in a retirement system under county or city
employment may elect, not later than the first day of the month
following the month in which the employee transfers, to continue
under the retirement system in which participating and not to
become, if eligible, a member of another retirement system. The
election shall be made in writing and shall be submitted to the
regional correctional facility administrator, the Public
Employees Retirement Board and the governing body of the counties
and cities that operate the regional correctional facility.
  (d) If an employee elects to continue under the retirement
system in which participating under county or city employment,
the employee shall continue to make required contributions to
that system and the administration of the regional correctional
facility shall make contributions on behalf of the employee
required of an employer participating in that system.
  (e) If an employee fails to elect to continue under the
retirement system in which participating under county or city
employment as provided in paragraph (c) of this subsection or was
not participating in a retirement system under county or city
employment, the employee shall become, if eligible, a member of
the Public Employees Retirement System. If the employee is
eligible to become a member of the Public Employees Retirement
System, the period of continuous service of the employee under
county or city employment immediately before the transfer of the
employee shall apply to the six months' service requirement of
ORS 238.015, 238A.100 or 238A.300 { +  (1) + }.
  (3) The county or city employment records, or a copy thereof,
applicable to an employee transferred under subsection (2) of
this section shall be provided by the person having custody of
the records to the regional correctional facility administrator.
  SECTION 3.  { + The amendments to ORS 238A.300 by section 1 of
this 2011 Act apply only to persons who are reemployed in
qualifying positions on or after the effective date of this 2011
Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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