Bill Text: OR HB2988 | 2011 | Regular Session | Introduced

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Bill Title: Relating to legislators; declaring an emergency.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2988 Detail]

Download: Oregon-2011-HB2988-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 438

                         House Bill 2988

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 or participate in state deferred compensation
plan as legislator member.
  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.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to legislators; creating new provisions; amending ORS
  238A.245; repealing ORS 237.650, 237.655, 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 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 3.  { + (1) ORS 237.650, 237.655, 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 4.  { + The repeal of ORS 237.650, 237.655, 237.660 and
238A.475 and section 46b, chapter 733, Oregon Laws 2003, by
section 3 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 for service
performed by reason of that reelection or appointment. + }
  SECTION 5.  { + 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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