Bill Text: OR HB3351 | 2013 | Regular Session | Introduced
Bill Title: Relating to reemployment of retired members of Public Employees Retirement System; declaring an emergency.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3351 Detail]
Download: Oregon-2013-HB3351-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1734
House Bill 3351
Sponsored by Representative JOHNSON
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.
Removes exceptions that allow retired member of Public
Employees Retirement System to be reemployed by public employer
and continue to receive pension payments.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to reemployment of retired members of Public Employees
Retirement System; creating new provisions; amending ORS
238.088, 238.580, 238A.245 and 399.075 and section 2, chapter
50, Oregon Laws 2012; repealing ORS 238.082, 238.092 and
243.163 and sections 2 and 3, chapter 499, Oregon Laws 2007,
and sections 3 and 4, chapter 774, Oregon Laws 2007; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) ORS 238.082, 238.092 and 243.163 are
repealed.
(2) Section 2, chapter 499, Oregon Laws 2007, as amended by
sections 3 and 10, chapter 390, Oregon Laws 2009, is repealed.
(3) Section 3, chapter 499, Oregon Laws 2007, is repealed.
(4) Section 3, chapter 774, Oregon Laws 2007, as amended by
sections 4 and 11, chapter 390, Oregon Laws 2009, is repealed.
(5) Section 4, chapter 774, Oregon Laws 2007, is repealed. + }
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
make an election under ORS 237.650. - }
SECTION 3. ORS 238.580 is amended to read:
238.580. (1) ORS 238.005 (4) and (26), 238.025, 238.078,
{ - 238.082, 238.092, - } 238.115 (1), 238.250, 238.255,
238.260, 238.350, 238.364, 238.410, 238.415, 238.420, 238.445,
238.458, 238.460, 238.465, 238.475, 238.600, 238.605, 238.610,
238.618, 238.630, 238.635, 238.645, 238.650, 238.655, 238.660,
238.665, 238.670 and 238.705 and the increases provided by ORS
238.366 for members of the system who are serving as other than
police officers or firefighters apply in respect to service as a
judge member.
(2) This chapter applies in respect to persons described in ORS
238.505 (1) and in respect to service as a judge member only as
specifically provided in ORS 238.500 to 238.585.
SECTION 4. ORS 238.088 is amended to read:
238.088. { - (1) Except as provided in subsection (2) of this
section, - } A person who is elected to a full-time salaried
office of the state or one of the participating political
subdivisions thereof, or who is appointed to a full-time salaried
office having a term fixed by statute or charter, whether or not
the person has been retired, does not forfeit any rights accrued
or accruing to the person under this chapter. However, for the
period that such person holds such office the person is not
entitled to any pension or annuity provided by this chapter. Upon
ceasing to hold such office, benefits shall be computed or
recomputed by the Public Employees Retirement Board on the basis
of age then attained.
{ - (2) If a person is elected or appointed to the office of
sheriff or county judge or commissioner in a county with a
population of fewer than 75,000 inhabitants, according to the
latest federal decennial census, and the person does not elect to
become an active member of the system under ORS 238.015 (5), the
person shall continue to be a retired member and to receive
retirement benefits for as long as the person holds the
office. - }
{ - (3) Subsection (2) of this section does not apply to any
member who retires under the provisions of ORS 238.280 (1), (2)
or (3). - }
SECTION 5. ORS 399.075 is amended to read:
399.075. (1) The Adjutant General, with the approval of the
Governor, may order members of the organized militia to active
state duty. Members, while on active state duty, shall receive
not less than the pay and allowances of their corresponding
grades in the Armed Forces of the United States in accordance
with a schedule approved by the Adjutant General for the period
of time in active state duty. Active state duty under this
subsection includes, but is not limited to, support of federal,
state and local drug eradication, interdiction and other
counterdrug operations under a counterdrug support plan approved
by the Governor, and reasons related to homeland security. When
participating in such support operations, and to the extent
authorized by 32 U.S.C. 112, applicable regulations of the
National Guard Bureau and the Oregon Counterdrug Support Plan,
the Oregon Military Department is designated as a law enforcement
agency for the purpose of carrying out federal asset forfeiture
laws only.
(2) Members of the organized militia serving on courts-martial,
courts of inquiry, efficiency boards, medical boards or other
special duty requiring absence from their stations or business
under competent orders may be reimbursed for necessary expenses
incurred at the rate established for state employees under
appropriate travel regulations issued by the Oregon Department of
Administrative Services.
(3) In lieu of other provisions of this chapter, a medical
examiner may be paid for services and necessary disbursements and
a properly appointed judge advocate may be paid for legal
services and necessary disbursements in any suit, action or
proceeding, such amounts as shall be approved by the Governor.
(4) Members of the organized militia shall not receive from the
state the pay or the pay and allowances provided for by this
section when eligible for such pay and allowances from federal
funds.
(5) Notwithstanding any of the provisions of this chapter,
members of the organized militia may with their consent perform
without pay or without pay and allowances any of the types of
military duty prescribed in this chapter and ORS chapters 396 and
398 pursuant to orders issued by competent military authority;
provided however, that necessary traveling expenses, subsistence
and per diem allowances may be furnished such members within the
discretion of the Adjutant General and within the amount
appropriated therefor.
(6) All pay and allowances provided for by this chapter, except
per diem, mileage and expenses while traveling under orders shall
be subject to be applied to the payment of penalties and fines
imposed by military courts, and to the payment of any shortage of
or injury to state or United States property or funds for which a
member of the organized militia is responsible or accountable
where such responsibility has been fixed by competent authority.
(7)(a) Except as provided in paragraph (b) of this subsection,
members of the organized militia who are ordered to active state
duty shall be considered temporary employees of the military
department.
(b) Members of the organized militia who are ordered to active
state duty are not subject to ORS chapter 240 and ORS 243.650 to
243.782.
{ - (8) The limitations on employment imposed by ORS 238.082
(2) and (3) do not apply to a retired member of the Public
Employees Retirement System who has attained normal retirement
age and is on active state duty. Hours served by a person under
this subsection shall not be counted for the purpose of the
limitations on employment imposed by ORS 238.082 (2) and (3). - }
SECTION 6. Section 2, chapter 50, Oregon Laws 2012, is amended
to read:
{ + Sec. 2. + } (1) As used in this section, 'tobacco
products' has the meaning given that term in ORS 431.840.
(2) The Oregon Health Authority may apply for and accept moneys
from the United States Government or other public or private
sources for utilization of those moneys by the Department of
State Police in accordance with any federal restrictions or other
funding source restrictions to carry out the duties, functions
and powers of the department under this section. Moneys received
as provided under this subsection shall be deposited into the
State Treasury to the credit of the State Police Tobacco Law
Enforcement Fund. Moneys that are subject to funding source
conditions or restrictions shall be placed in separate
subaccounts of the fund and accounted for separately from other
fund moneys.
(3) The department shall establish and administer a program
employing retired state police officers who are active reserve
officers for the purpose of enforcing laws designed to discourage
the use of tobacco products by persons under 18 years of age. The
department shall periodically consult with the authority to
maximize program qualification for federal funds to enforce laws
designed to discourage the use of tobacco products by persons
under 18 years of age, including but not limited to grants under
P.L. 102-321, section 1926 (42 U.S.C. 300x-26). { - Service by
a retired state police member under this section is subject to
ORS 238.082. - } The department may not use the services of a
retired state police officer under this section to displace an
active state police member from the enforcement of laws
concerning tobacco products.
(4) The department shall adopt rules for carrying out
subsection (3) of this section.
SECTION 7. { + The amendments to ORS 238.088, 238.580,
238A.245 and 399.075 and section 2, chapter 50, Oregon Laws 2012,
by sections 2 to 6 of this 2013 Act and the repeal of ORS
238.082, 238.092 and 243.163 and sections 2 and 3, chapter 499,
Oregon Laws 2007, and sections 3 and 4, chapter 774, Oregon Laws
2007, by section 1 of this 2013 Act apply to all hours of work or
service by a retired member of the Public Employees Retirement
System performed on or after January 1, 2014. + }
SECTION 8. { + (1) Jurisdiction is conferred on the Supreme
Court to determine in the manner provided by this section whether
this 2013 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 Article I, section 21, of the Oregon Constitution,
or Article I, section 10, clause 1, of the United States
Constitution.
(2) A person who is or who will be adversely affected by this
2013 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 2013 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 or will be 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 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
