Bill Text: OR SB572 | 2011 | Regular Session | Introduced

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Bill Title: Relating to reemployment of retired members of the Public Employees Retirement System; declaring an emergency.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB572 Detail]

Download: Oregon-2011-SB572-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 3197

                         Senate Bill 572

Sponsored by Senator NELSON, Representative G SMITH (at the
  request of John Frieboes)

                             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 limitations on employment of retired member of
Public Employees Retirement System do not apply to retired member
who is employed by school district or community college district
located within county with population of not more than 35,000
inhabitants, or who is employed by education service district
with primary work duties in county with population of not more
than 35,000 inhabitants.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to reemployment of retired members of the Public
  Employees Retirement System; creating new provisions; amending
  ORS 238.082; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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  { + who + }
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.
  SECTION 2.  { + The amendments to ORS 238.082 by section 1 of
this 2011 Act apply to calendar year 2011 and subsequent calendar
years. + }

  SECTION 3.  { + 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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