Bill Text: OR HB2987 | 2011 | Regular Session | Introduced
Bill Title: Relating to legislators; declaring an emergency.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2987 Detail]
Download: Oregon-2011-HB2987-Introduced.html
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 439
House Bill 2987
Sponsored by Representative RICHARDSON (Presession filed.)
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 person appointed or elected as member of
Legislative Assembly may not become member of Public Employees
Retirement System.
Retains provision allowing person appointed or elected as
member of Legislative Assembly to elect to become legislator
member of state deferred compensation plan. Requires that
Legislative Assembly make employer contributions to state
deferred compensation plan on behalf of legislative member in
amount that is equal to six percent of member's salary or amount
that is equal to legislator member's contribution, whichever is
less.
Applies only to service as member of the Legislative Assembly
that is attributable to election or appointment that occurs on or
after effective date of Act.
Confers jurisdiction on Supreme Court to review petition of any
person aggrieved by Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to legislators; creating new provisions; amending ORS
237.655 and 238A.245; repealing ORS 237.650, 237.660 and
238A.475 and section 46b, chapter 733, Oregon Laws 2003; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + A person who is appointed or elected as a
member of the Legislative Assembly may not become a member of the
Public Employees Retirement System for service as a member of the
Legislative Assembly that is performed by reason of that
appointment or election. + }
SECTION 2. ORS 237.655 is amended to read:
237.655. { + (1) All persons appointed or elected as members
of the Legislative Assembly may elect to become legislator
members of the state deferred compensation plan. An election
under this section must be made within 30 days after a person
takes office. + }
{ - (1) - } { + (2) + } { - If a person appointed or
elected as a member of the Legislative Assembly elects under ORS
237.650 to participate in the state deferred compensation plan as
a legislator member, - } The Legislative Assembly shall make
employer contributions to the { + state deferred
compensation + } plan { + on behalf of legislative members of
the plan + } in an amount that is equal to six percent of the
member's salary { + or an amount that is equal to the legislator
member's contribution, whichever is less + }. { - A legislator
member may make contributions to the plan in any amount that does
not exceed the maximum allowed by federal law governing the
plan's tax qualification. - }
{ - (2) - } { + (3) + } Any member of the Legislative
Assembly who elects to become a legislator member of the state
deferred compensation plan may request that the Public Employees
Retirement Board roll over the amount in { - the - } { +
any + } regular account maintained for the member under ORS
238.250 { + or in any individual account maintained for the
member under ORS 238A.350, + } into the state deferred
compensation plan.
{ + (4) If a person appointed or elected as a member of the
Legislative Assembly elects under this section to become a
legislator member of the state deferred compensation plan for the
purpose of service in the Legislative Assembly, and the person
also participates in the state deferred compensation plan in the
manner provided by ORS 243.401 to 243.507 as other than a
legislator member, the total of the contributions made to the
plan by the person and by the employer may not exceed the maximum
allowed by federal law governing the plan's tax
qualification. + }
{ - (3) - } { + (5) + } Except for the contributions
required by subsection
{ - (1) - } { + (2) + } of this section, the Legislative
Assembly may not ' pick-up,' assume or pay any contributions on
behalf of a legislator member of the state deferred compensation
plan.
SECTION 3. ORS 238A.245 is amended to read:
238A.245. (1) Except as provided in subsection (3) of this
section, the Public Employees Retirement Board shall cease making
pension payments to a retired member of the pension program who
is reemployed by a participating public employer in a qualifying
position. A retired member of the pension program who is employed
in a qualifying position becomes an active member of the pension
program without serving the probationary period provided for in
ORS 238A.100.
(2) If a retired member of the pension program is reemployed
under the provisions of this section, any option chosen by the
member under ORS 238A.190 is canceled, and upon retiring
thereafter the member may elect any option provided for in ORS
238A.180 and 238A.190. The board shall recalculate the pension of
the member upon subsequent retirement.
(3) A retired member of the pension program who becomes a
member of the Legislative Assembly shall continue to receive the
pension elected by the member. A retired member of the pension
program who becomes a member of the Legislative Assembly may not
elect { - under ORS 237.650 - } to become an active member of
the Oregon Public Service Retirement Plan { - or a legislator
member of the state deferred compensation plan - } .
SECTION 4. { + (1) ORS 237.650, 237.660 and 238A.475 are
repealed.
(2) Section 46b, chapter 733, Oregon Laws 2003, as amended by
section 4, chapter 769, Oregon Laws 2007, is repealed. + }
SECTION 5. { + The repeal of ORS 237.650, 237.660 and 238A.475
and section 46b, chapter 733, Oregon Laws 2003, by section 4 of
this 2011 Act applies only to service as a member of the
Legislative Assembly that is attributable to an election or
appointment to that office that occurs on or after the effective
date of this 2011 Act. A member of the Legislative Assembly who
is serving on the effective date of this 2011 Act shall continue
to accrue benefits under ORS 237.650, 237.655, 237.660 and
238A.475 and section 46b, chapter 733, Oregon Laws 2003, as in
effect immediately before the effective date of this 2011 Act,
during the term for which the person was appointed or elected. If
a member of the Legislative Assembly who is serving on the
effective date of this 2011 Act is subsequently reelected or
appointed to serve as a member of the Legislative Assembly, the
person is subject to section 1 of this 2011 Act and the
amendments to ORS 237.655 by section 2 of this 2011 Act for
service performed by reason of that reelection or
appointment. + }
SECTION 6. { + (1) Jurisdiction is conferred on the Supreme
Court to determine, in the manner provided by this section,
whether the provisions of this 2011 Act violate any
constitutional provision, including but not limited to violation
of contract rights of members of the Public Employees Retirement
System under section 21, Article I of the Oregon Constitution, or
clause 1, section 10, Article I of the United States
Constitution.
(2) Under the jurisdiction conferred in subsection (1) of this
section, any person aggrieved by this 2011 Act may petition the
Supreme Court for review. The petition shall state the facts
showing how the petitioner is aggrieved and the constitutional
grounds upon which the petition is based. The Supreme Court shall
give priority on its docket to a petition for review filed under
this section and shall expedite a decision on the petition. Any
and all petitions filed under this section alleging a similar
basis or bases of challenge may be consolidated by the Supreme
Court upon its own motion.
(3) A person petitioning for review under this section is not
required to exhaust administrative remedies or file in any other
court prior to filing a petition for review under this section.
(4) A petition for review under this section must be filed
before March 1, 2012.
(5) A petition for review under this section must present a
justiciable controversy. The petitioner must serve a copy of the
petition on the Attorney General.
(6) The petition for review under this section is in addition
to any other remedy or procedure that may be available to
determine whether the provisions of this 2011 Act violate any
constitutional provision. + }
SECTION 7. { + 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. + }
----------
