Bill Text: OR SB664 | 2013 | Regular Session | Introduced
Bill Title: Relating to the Oregon Public Service Retirement Plan; declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB664 Detail]
Download: Oregon-2013-SB664-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 3658
Senate Bill 664
Sponsored by Senator WHITSETT
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 calculation of final average salary for members of
Oregon Public Service Retirement Plan.
Applies to all active and inactive members of plan.
Provides for direct review by Supreme Court.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Oregon Public Service Retirement Plan; creating
new provisions; amending ORS 238A.130; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 238A.130 is amended to read:
238A.130. (1) Except as provided in subsection (3) of this
section, for purposes of the computation of pension program
benefits under ORS 238A.125, 'final average salary' means
whichever of the following is greater:
(a) The average salary per calendar year paid to an active
member in the { - three - } { + five + } consecutive calendar
years of membership that produce the highest average salary,
including calendar years in which the member was employed for
less than a full calendar year. If the number of consecutive
calendar years of active membership before the effective date of
retirement of the member is { - three - } { + five + } or
less, the final average salary for the member is the average
salary per calendar year paid to the member in all of those
years, without regard to whether the member was employed for full
calendar years.
(b) { - One-third - } { + One-fifth + } of the total salary
paid to an active member in the last { - 36 - } { + 60 + }
calendar months of membership before the effective date of
retirement of the member.
(2) For the purposes of calculating the final average salary of
a member under subsection (1) of this section, the Public
Employees Retirement Board shall:
(a) Include any salary paid in or for the calendar month of
separation from employment;
(b) Exclude any salary for any pay period before the first full
pay period that is included in the { - three - } { + five + }
consecutive calendar years of membership under subsection (1)(a)
of this section; and
(c) Exclude any salary for any pay period before the first full
pay period that is included in the last { - 36 - } { + 60 + }
calendar months of membership under subsection (1)(b) of this
section.
(3) For purposes of the computation of pension program benefits
under ORS 238A.125 of a person employed by a local government as
defined in ORS 174.116, 'final average salary ' means whichever
of the following is greater:
(a) The average salary per calendar year earned by an active
member in the { - three - } { + five + } consecutive calendar
years of membership that produce the highest average salary,
including calendar years in which the member was employed for
less than a full calendar year. If the number of consecutive
calendar years of active membership before the effective date of
retirement of the member is { - three - } { + five + } or
less, the final average salary for the member is the average
salary per calendar year earned by the member in all of those
years, without regard to whether the member was employed for full
calendar years.
(b) { - One-third - } { + One-fifth + } of the total salary
earned by an active member in the last { - 36 - } { + 60 + }
calendar months of membership before the effective date of
retirement of the member.
(4) For the purposes of calculating the final average salary of
a member under this section, the salary of the member does not
include any amounts attributable to hours of overtime that exceed
{ + five percent of the member's salary when amounts
attributable to hours of overtime are not included. + } { - the
average number of hours of overtime for the same class of
employees as established by rule of the Public Employees
Retirement Board. The Oregon Department of Administrative
Services shall establish by rule more than one overtime average
for a class of state employees based on the geographic placement
of the employees. - }
SECTION 2. { + (1) The amendments to ORS 238A.130 by section 1
of this 2013 Act apply to all active and inactive members of the
Oregon Public Service Retirement Plan.
(2) If application of this 2013 Act to all active and inactive
members of the Oregon Public Service Retirement Plan is found to
breach any contract between members of the Public Employees
Retirement System and their employers or violate 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, it is the intent of the Legislative Assembly that
this 2013 Act apply to members of the Oregon Public Service
Retirement Plan hired on and after the effective date of this
2013 Act. + }
SECTION 3. { + (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 adversely affected by this 2013 Act 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 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)(a) The Supreme Court shall allow members of the Legislative
Assembly to intervene in any proceeding under this section. After
a member intervenes in a proceeding under this section, the
member has standing to participate in the proceeding even if the
member ceases to be a member of the Legislative Assembly.
(b) A member of the Senate or House of Representatives who
intervenes in a proceeding under this subsection may not use
public funds to pay legal expenses incurred in intervening or
participating in the proceeding.
(7) 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.
(8) The court may not award attorney fees to a petitioner in a
proceeding under this section. + }
SECTION 4. { + 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. + }
----------
