Bill Text: OR SB789 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to Oregon Educators Benefit Board.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2013-08-21 - Effective date, January 1, 2014. [SB789 Detail]

Download: Oregon-2013-SB789-Engrossed.html

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     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 1083

                         Minority Report

                           A-Engrossed

                         Senate Bill 789
                  Ordered by the Senate June 20
    Including Senate Minority Report Amendments dated June 20

Sponsored by nonconcurring members of the Senate Committee on
  Rules: Senators STARR, FERRIOLI

                             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.

  Clarifies that only certain districts claiming exception from
requirement to offer benefits provided and administered by Oregon
Educators Benefit Board must undergo actuarial analysis by board
to maintain exception.
   { +  Allows additional districts to claim exception from
requirement to offer benefits provided and administered by board
under certain circumstances. + }
    { - Limits requirement that - }   { + Modifies requirements
for when + } board must conduct actuarial analysis of certain
exempt districts
  { - to first six years that districts claim exception - } .

                        A BILL FOR AN ACT
Relating to Oregon Educators Benefit Board; creating new
  provisions; and amending ORS 243.886.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 243.886, as amended by section 9, chapter 38,
Oregon Laws 2012, is amended to read:
  243.886. (1) Except as provided in subsections (2), (3) and (4)
of this section, a district may not provide or contract for a
benefit plan and eligible employees of districts may not
participate in a benefit plan unless the benefit plan:
  (a) Is provided and administered by the Oregon Educators
Benefit Board under ORS 243.860 to 243.886; or
  (b) On or after October 1, 2015, is offered through the health
insurance exchange under ORS 741.310 (1)(b).
  (2)(a) Except for community college districts, a district that
was self-insured before January 1, 2007, or a district that had
an independent health insurance trust established and functioning
before January 1, 2007, may provide or contract for benefit plans
other than benefit plans provided and administered by the board
if the premiums for the benefit plans provided or contracted for
by the district are equal to or less than the premiums for
comparable benefit plans provided and administered by the board.

  (b) A community college district may provide or contract for
benefit plans other than benefit plans provided and administered
by the board.
  (c) In accordance with procedures adopted by the board to
extend benefit plan coverage under ORS 243.864 to 243.874 to
eligible employees of a self-insured district, a district with an
independent health insurance trust or a community college
district, these districts may choose to offer benefit plans that
are provided and administered by the board. Once employees of a
district participate in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans other than those provided and administered by
the board.
  (3)(a) A district { + , other than a district claiming the
exception in subsection (2)(a) of this section, + } that has not
offered benefit plans provided and administered by the board
before June 23, 2009, may provide or contract for benefit plans
other than benefit plans provided and administered by the board
if the premiums for the benefit plans provided or contracted for
by the district are equal to or less than the premiums for
comparable benefit plans provided and administered by the board.
Once employees of a district or an employee group within a
district participates in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans for those employees or employee groups other
than those provided and administered by the board.
   { +  (b) Notwithstanding paragraph (a) of this subsection, a
district may provide or contract for benefit plans other than
benefit plans provided and administered by the board if the
district determines that the premiums for the benefit plans
provided or contracted for by the district are equal to or less
than the premiums for comparable benefit plans provided and
administered by the board. + }
    { - (b) - }  { +  (c) + }   { - To maintain the exception
created in this subsection, the board must perform an actuarial
analysis of the district at least once every two years. - }  If
requested by the district or a labor organization representing
eligible employees of the district, the board shall perform
 { - the - }   { + an + } actuarial analysis   { - annually - }
 { + of the district + }.
    { - (c) - }  { +  (d) + } As used in this subsection,
'district' does not include a community college district.
  (4) Nothing in ORS 243.860 to 243.886 may be construed to
expand or contract collective bargaining rights or collective
bargaining obligations.
  SECTION 2. ORS 243.886, as amended by sections 9 and 13,
chapter 38, Oregon Laws 2012, is amended to read:
  243.886. (1) Except as provided in subsections (2), (3) and (4)
of this section, a district may not provide or contract for a
benefit plan and eligible employees of districts may not
participate in a benefit plan unless the benefit plan:
  (a) Is provided and administered by the Oregon Educators
Benefit Board under ORS 243.860 to 243.886; or
  (b) Is offered through the health insurance exchange under ORS
741.310 (1)(c).
  (2)(a) Except for community college districts, a district that
was self-insured before January 1, 2007, or a district that had
an independent health insurance trust established and functioning
before January 1, 2007, may provide or contract for benefit plans
other than benefit plans provided and administered by the board
if the premiums for the benefit plans provided or contracted for
by the district are equal to or less than the premiums for
comparable benefit plans provided and administered by the board.
  (b) A community college district may provide or contract for
benefit plans other than benefit plans provided and administered
by the board.
  (c) In accordance with procedures adopted by the board to
extend benefit plan coverage under ORS 243.864 to 243.874 to
eligible employees of a self-insured district, a district with an
independent health insurance trust or a community college
district, these districts may choose to offer benefit plans that
are provided and administered by the board. Once employees of a
district participate in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans other than those provided and administered by
the board.
  (3)(a) A district { + , other than a district claiming the
exception in subsection (2)(a) of this section, + } that has not
offered benefit plans provided and administered by the board
before June 23, 2009, may provide or contract for benefit plans
other than benefit plans provided and administered by the board
if the premiums for the benefit plans provided or contracted for
by the district are equal to or less than the premiums for
comparable benefit plans provided and administered by the board.
Once employees of a district or an employee group within a
district participates in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans for those employees or employee groups other
than those provided and administered by the board.
   { +  (b) Notwithstanding paragraph (a) of this subsection, a
district may provide or contract for benefit plans other than
benefit plans provided and administered by the board if the
district determines that the premiums for the benefit plans
provided or contracted for by the district are equal to or less
than the premiums for comparable benefit plans provided and
administered by the board. + }
    { - (b) - }  { +  (c) + }   { - To maintain the exception
created in this subsection, the board must perform an actuarial
analysis of the district at least once every two years. - }  If
requested by the district or a labor organization representing
eligible employees of the district, the board shall perform
 { - the - }  { +  an + } actuarial analysis   { - annually - }
 { + of the district + }.
    { - (c) - }  { +  (d) + } As used in this subsection,
'district' does not include a community college district.
  (4) Nothing in ORS 243.860 to 243.886 may be construed to
expand or contract collective bargaining rights or collective
bargaining obligations.
  SECTION 3.  { + The amendments to ORS 243.886 by sections 1 and
2 of this 2013 Act apply to districts claiming exceptions under
ORS 243.886 (2)(a) or (3)(a) before, on or after the effective
date of this 2013 Act. + }
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