Bill Text: OR HB3407 | 2011 | Regular Session | Introduced

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Bill Title: Relating to reemployment of retired members of the Public Employees Retirement System.

Sponsorship: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3407 Detail]

Download: Oregon-2011-HB3407-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 2410

                         House Bill 3407

Sponsored by COMMITTEE ON JUDICIARY

                             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.

  Modifies number of hours that member of Public Employees
Retirement System may work after retirement without loss of
benefits. Eliminates exceptions to limitations on number of hours
that member of system may work after retirement without loss of
benefits.
  Allows retired member of Public Employees Retirement System to
be employed without limitation on number of hours in two calendar
years after retirement. Provides that allowed calendar years may
include only year in which member retires, or any of immediately
following four calendar years.
  Allows retired member to be employed without limitation on
number of hours in any position that pays less than $2,500 per
month.
  Applies to calendar year 2012 and subsequent calendar years.
Applies only to members with effective retirement date on or
after effective date of Act.

                        A BILL FOR AN ACT
Relating to reemployment of retired members of the Public
  Employees Retirement System; creating new provisions; amending
  ORS 238.082, 238.088, 238.092, 238.580, 243.163 and 399.075 and
  section 3, chapter 499, Oregon Laws 2007, and section 4,
  chapter 774, Oregon Laws 2007.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 238. + }
  SECTION 2.  { + (1) Subject to the limitations of this section,
any public employer may employ any member who is retired for
service if the administrative head of the public employer is
satisfied that such employment is in the public interest.
  (2) Except as otherwise provided in this section, the period or
periods of employment by one or more public employers of a
retired member who is reemployed under this section may not total
600 hours or more in any calendar year.
  (3) A retired member may be employed without limitation on the
number of hours in two calendar years. The calendar years may
include only the year in which the member retires or any of the
immediately following four calendar years.
  (4) A retired member may be employed without limitation on the
number of hours in any position that pays less than $2,500 per
month.
  (5) Subsections (2) and (3) of this section do not apply to any
member who retires under the provisions of ORS 238.280 (1), (2)
or (3).
  (6) Employment under this section does not affect the status of
a person as a retired member of the system and a recipient of
retirement benefits under this chapter.
  (7) This section applies only to members of the system whose
effective date of retirement is on or after the effective date of
this 2011 Act. + }
  SECTION 3. ORS 238.082 is amended to read:
  238.082. (1) Subject to the limitations in this section, any
public employer may employ any member who is retired for service
if the administrative head of the public employer is satisfied
that such employment is in the public interest.
  (2) Except as provided in this section, the period or periods
of employment by one or more public employers of a retired member
who is reemployed under this section may not total 1,040 hours or
more in any calendar year.
  (3) A retired member who is receiving old-age, survivors or
disability insurance benefits under the federal Social Security
Act may be employed under this section for the number of hours
permitted by subsection (2) of this section, or for the number of
hours for which the salary equals the maximum allowed for receipt
of the full amount of those benefits to which the person is
entitled, whichever is greater.
  (4) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is employed as
a teacher or as an administrator, as those terms are defined in
ORS 342.120, if the retired member is employed by a school
district or community college district located within a county
with a population of not more than 35,000 inhabitants according
to the latest federal decennial census, or is employed by an
education service district and the retired member's primary work
duties are performed in a county with a population of not more
than 35,000 inhabitants according to the latest federal decennial
census. A retired member who is employed under this subsection as
a teacher, as defined in ORS 342.120, by the same public employer
that employed the member at the time of retirement remains in the
same collective bargaining unit that included the member before
retirement.
  (5) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is employed:
  (a) By the sheriff of a county with a population of fewer than
75,000 inhabitants, according to the latest federal decennial
census;
  (b) By the municipal police department of a city with a
population of fewer than 15,000 inhabitants, according to the
latest federal decennial census;
  (c) By the state or a county for work in a correctional
institution located in a county with a population of fewer than
75,000 inhabitants, according to the latest federal decennial
census;
  (d) By the Black Butte Ranch Rural Fire Protection District,
the Black Butte Ranch Service District or the Sunriver Service
District;
  (e) By the Oregon State Police for work in a county with a
population of fewer than 75,000 inhabitants, according to the
latest federal decennial census; or
  (f) As a deputy director or assistant director of the
Department of Human Services, if the Governor approves the
exemption for the person from the limitations on employment
imposed in subsections (2) and (3) of this section.
  (6) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is employed to
temporarily replace an employee who serves in the National Guard
or in a reserve component of the Armed Forces of the United
States and who is called to federal active duty.
  (7) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is employed by
a road assessment district organized under ORS 371.405 to
371.535.
  (8) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is a nurse and
is employed by a public employer as a nurse or for the purpose of
teaching nursing during the period in which a nursing workforce
shortage declared by the Legislative Assembly or the Governor is
in effect.
  (9)(a) Except as provided in paragraph (b) of this subsection,
subsections (4) to (8) of this section do not apply to any member
who retires under the provisions of ORS 238.280 (1), (2) or (3).
  (b) Subsection (4) of this section applies to a person who
retires under the provisions of ORS 238.280 (1), (2) or (3) as
long as the person's date of retirement is more than six months
before the date the person is employed under subsection (4) of
this section.
  (10) Employment under this section does not affect the status
of a person as a retired member of the system and a recipient of
retirement benefits under this chapter.
  (11) Hours worked by a person employed under subsections (4) to
(8) of this section shall not be counted for the purpose of the
limitations on employment imposed by subsections (2) and (3) of
this section.
   { +  (12) This section applies only to members of the system
whose effective date of retirement is before the effective date
of this 2011 Act. + }
  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). { +  Subsection (2) of this section applies only to members
of the system whose effective date of retirement is before the
effective date of this 2011 Act. + }
  SECTION 5. ORS 238.092 is amended to read:
  238.092. (1) Notwithstanding any other provision of this
chapter:
  (a) A retired member of the system who has retired as other
than a member of the Legislative Assembly and who thereafter
becomes a member of the Legislative Assembly and elects to become
an active member of the system as a member of the Legislative
Assembly may also elect, by giving the board written notice of
desire to do so, to receive the pension and annuity provided by
this chapter for service as other than a member of the
Legislative Assembly, and be an active member of the system as a
member of the Legislative Assembly for the period the member
holds office as a member of the Legislative Assembly. The notice
provided for in this paragraph shall be given within 30 days
after the retired member takes office as a member of the
Legislative Assembly.
  (b) A member of the Legislative Assembly who is a member of the
system as a member of the Legislative Assembly and who becomes
eligible to retire by reason of service as other than a member of
the Legislative Assembly, without regard to when that service was
performed, may elect, by giving the board written notice of
desire to do so, to retire and receive the pension and annuity
provided by this chapter for service as other than a member of
the Legislative Assembly, and to continue, for the period the
member holds office as a member of the Legislative Assembly, as
an active member of the system as a member of the Legislative
Assembly.
  (c) Upon receipt of the notice provided for in paragraphs (a)
and (b) of this subsection, the board shall determine that
portion of the accumulated contributions, if any, of the member
and interest thereon attributable to service as other than a
member of the Legislative Assembly, which shall be used in
determining the amount of the annuity the member shall receive
for that service.  The portion of the accumulated contributions,
if any, of the member and interest thereon attributable to
service as a member of the Legislative Assembly shall remain in
the member account of the member and, together with any
subsequent contributions and interest thereon, be used in
determining the amount of the additional annuity the member shall
receive for that service upon ceasing to hold office as a member
of the Legislative Assembly. If the member does not have a member
account, the board shall determine the member's retirement
allowance for nonlegislative service based on the number of years
of nonlegislative service, and shall determine any additional
benefit to be received after the member ceases to hold office as
a member of the Legislative Assembly based on the number of years
of service in the Legislative Assembly.
  (2) If a retired member of the system is employed by the
Legislative Assembly, or by the Oregon State Police, for the
purpose of service during a regular or special session of the
Legislative Assembly, the hours worked during the session shall
not be counted for the purpose of the limitations on employment
imposed by ORS 238.082 (2) and (3).
   { +  (3) This section applies only to members of the system
whose effective date of retirement is before the effective date
of this 2011 Act. + }
  SECTION 6. ORS 238.580 is amended to read:
  238.580. (1)  { + Section 2 of this 2011 Act, + } ORS 238.005
(3) and (21), 238.025, 238.078, 238.082, 238.092, 238.115 (1),
238.250, 238.255, 238.260, 238.350, 238.380, 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 238.385 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 7. ORS 243.163 is amended to read:
  243.163. A member of the Legislative Assembly   { - who is
receiving a pension or annuity under ORS 238.092 (1)(a) shall
be - }  { +  is + } eligible to participate as a retired state
officer in one of the group benefit plans described in ORS
243.135 after the member ceases to be a member of the Legislative
Assembly if { + :
  (1) The member is a retired member of the Public Employees
Retirement System; and
  (2) + } The member applies to the Public Employees' Benefit
Board within 60 days after the member ceases to be a member of
the Legislative Assembly.
  SECTION 8. 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). { +  The provisions of this subsection apply only to members
of the system whose effective date of retirement is before the
effective date of this 2011 Act. + }
  SECTION 9. Section 3, chapter 499, Oregon Laws 2007, is amended
to read:
   { +  Sec. 3. + } Section 2   { - of this 2007 Act - }  { + ,
chapter 499, Oregon Laws 2007, + } is repealed January 2,
2016. { +  Section 2, chapter 499, Oregon Laws 2007, applies only
to members of the Public Employees Retirement System whose
effective date of retirement is before the effective date of this
2011 Act. + }
  SECTION 10. Section 4, chapter 774, Oregon Laws 2007, is
amended to read:
   { +  Sec. 4. + } Section 3   { - of this 2007 Act - }  { + ,
chapter 774, Oregon Laws 2007, + } is repealed January 2,
2016. { +  Section 3, chapter 774, Oregon Laws 2007, applies only
to members of the Public Employees Retirement System whose
effective date of retirement is before the effective date of this
2011 Act. + }
  SECTION 11.  { + Section 2 of this 2011 Act applies to calendar
year 2012 and subsequent calendar years. + }
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