Bill Text: OR SB789 | 2013 | Regular Session | Enrolled
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-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 789
Sponsored by Senator HASS; Senators BATES, EDWARDS, STEINER
HAYWARD, Representatives BARKER, HARKER, PARRISH, READ,
SPRENGER
CHAPTER ................
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
Enrolled Senate Bill 789 (SB 789-A) Page 1
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) { - 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) 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
Enrolled Senate Bill 789 (SB 789-A) Page 2
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) { - 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) 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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Passed by Senate June 24, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 28, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 789 (SB 789-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 789 (SB 789-A) Page 4
