Bill Text: OR HB3218 | 2011 | Regular Session | Introduced

Oregon House Bill 3218 (Prior Session Legislation)

Introduced

Bill Title: Relating to public employee retirement; declaring an emergency.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3218 Detail]

Download: Oregon-2011-HB3218-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 1133

                         House Bill 3218

Sponsored by Representative BREWER; Representatives CAMERON,
  JOHNSON, LINDSAY, OLSON, PARRISH, SHEEHAN, THOMPSON, WINGARD

                             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.

  Reduces amount of employee contribution to individual account
program of Public Employees Retirement System that public
employer may agree to pay from six percent to three percent.
Specifies that reduction does not apply to existing collective
bargaining agreements.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public employee retirement; creating new provisions;
  amending ORS 238A.335; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 238A.335 is amended to read:
  238A.335. (1) A participating public employer may agree, by a
written employment policy or by a collective bargaining
agreement, to pay  { + one-half of + } the employee contribution
required under ORS 238A.330. The policy or agreement need not
include all members of the individual account program employed by
the employer.
  (2) An agreement under this section to pay  { + one-half of + }
the required employee contribution may provide that:
  (a) Employee compensation be reduced to generate the funds
needed to make the employee contributions; or
  (b) Additional amounts be paid by the employer for the purpose
of making the employee contributions, and employee compensation
not be reduced for the purpose of generating the funds needed to
make the employee contributions.
  (3) A participating public employer must give written notice to
the Public Employees Retirement Board at the time that a written
employment policy or collective bargaining agreement described in
subsection (1) of this section is adopted or changed.  The notice
must specifically indicate whether the agreement is as described
in subsection (2)(a) or (b) of this section. Any change in the
manner in which employee contributions are to be paid applies
only to employee contributions made on and after the date the
notice is received by the board.
  SECTION 2.  { + The amendments to ORS 238A.335 by section 1 of
this 2011 Act do not apply to a collective bargaining agreement
entered into before the effective date of this 2011 Act. Any
collective bargaining agreement entered into on or after the

effective date of this 2011 Act must be in conformance with ORS
238A.335 as amended by section 1 of this 2011 Act. + }
  SECTION 3.  { + (1) Jurisdiction is conferred on the Supreme
Court to determine in the manner provided by this section whether
this 2011 Act breaches any contract between members of the Public
Employees Retirement System and their employers or violates any
constitutional provision, including but not limited to impairment
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) A person who is adversely affected by this 2011 Act or who
will be adversely affected by this 2011 Act may institute a
proceeding for review by filing with the Supreme Court a petition
that meets the following requirements:
  (a) The petition must be filed within 60 days after the
effective date of this 2011 Act.
  (b) The petition must include the following:
  (A) A statement of the basis of the challenge; and
  (B) A statement and supporting affidavit showing how the
petitioner is adversely affected.
  (3) The petitioner shall serve a copy of the petition by
registered or certified mail upon the Public Employees Retirement
Board, the Attorney General and the Governor.
  (4) Proceedings for review under this section shall be given
priority over all other matters before the Supreme Court.
  (5) The Supreme Court shall allow public employers
participating in the Public Employees Retirement System to
intervene in any proceeding under this section.
  (6) In the event the Supreme Court determines that there are
factual issues in the petition, the Supreme Court may appoint a
special master to hear evidence and to prepare recommended
findings of fact. + }
  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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