ORS 238.320
Disability retirement allowance

(1)

Whenever an employee who is a member of the Public Employees Retirement System is found, after being examined by one or more physicians selected by the Public Employees Retirement Board, to be mentally or physically incapacitated for an extended duration, as determined by medical examination, and thereby unable to perform any work for which qualified, by injury or disease sustained while in actual performance of duty and not intentionally self-inflicted, the member shall receive a disability retirement allowance consisting of:

(a)

A disability retirement refund annuity based on the contributions under this chapter, if any, credited to the member account of the member.

(b)

A current service pension provided by the contributions of employers and, for benefits that accrue on or after July 1, 2020, amounts in the employee pension stability account established for the member under ORS 238A.353 (Employee pension stability accounts established), equal to:

(A)

For a police officer or firefighter, the pension to which the member would have been entitled if the member had worked continuously until attaining the age of 55, or if the member has attained the age of 55, the pension which the member would receive were the member to retire for service, as provided in this chapter.

(B)

For a member other than a police officer or firefighter, the pension to which the member would have been entitled if the member had worked continuously until attaining the age of 58, or if the member has attained the age of 58, the pension which the member would receive were the member to retire for service, as provided in this chapter.

(c)

The same prior service pension the member would have received had the member worked until normal retirement age.

(2)

As used in subsection (1) of this section, “injury” means bodily injury causing the disability directly and independently of all other causes and effected solely through accidental means.

(3)

Whenever an employee who is a member of the system and who has been an employee for 10 years or more of an employer participating in the system is found, after being examined by one or more physicians selected by the board, to be mentally or physically incapacitated for an extended duration, as determined by medical examination, and thereby unable to perform any work for which qualified, from cause other than injury or disease sustained while in actual performance of duty or intentionally self-inflicted, the member shall receive a disability retirement allowance as provided in subsection (1) of this section.

(4)

Payments under a disability retirement allowance provided for in subsection (1) or (3) of this section for the first 90-day period of incapacity shall be withheld until such 90-day period has elapsed.

(5)

An inactive member is not eligible for disability benefits referred to in subsection (1) or (3) of this section unless the member applies for such disability benefits within five calendar years after the date of separation from service with a participating public employer if the disability is continuous from such separation date or within six months after the date of such separation from service if disability occurs after such separation date.

(6)

In computing years of employment for the purpose of subsection (3) of this section, the following schedule shall be used: For employment before the employee established membership in the Public Employees Retirement System, a member shall be considered to have been employed for one year for each year of prior service credit allowed, and for any minor fraction of a year of continuous service as certified by the employer for which no prior service credit was granted. After having established membership in the Public Employees Retirement System a member shall be considered to have been employed one year for each 12-month period or major fraction thereof during which time the member received compensation for employment which entitled the member to membership in the system, as evidenced by payroll records. For the purpose of determining a member’s eligibility for disability benefits, no leave of absence after a member ceases to work for any participating employer shall be considered other than accumulated sick leave not in excess of 90 days. The effective date of the disability shall not in any event be determined by the board as prior to the last day for which the disabled member performed services for a participating employer. No benefits may be paid for any month in which the member received salary or sick leave benefits from the participating employer.

(7)

For the purposes of subsections (1) and (3) of this section, a member of the system shall be considered to be mentally or physically incapacitated for an extended duration if the mental or physical incapacity can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 90 days. [Formerly 237.171; 2001 c.945 §51; 2003 c.67 §24; 2019 c.355 §15]

Source: Section 238.320 — Disability retirement allowance, https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html.

Notes of Decisions

Injury is sustained in actual performance of duty if resulting from, aggravated by or accelerated by performance of duties in employment of participating public employer. Hoskinson v. PERB, 23 Or App 328, 542 P2d 157 (1975)

When an employee is injured in the service of an employer who later becomes a member of the system, and thereafter, while a member of the system, that employee is consequently found to be disabled, he is entitled to early retirement benefits. Begley v. Pub. Employes Retirement Bd., 26 Or App 869, 554 P2d 559 (1976)

Statutory presumption, under ORS 656.802, of occupational cause of firefighters’ heart disease is limited to Workers Compensation Law and inapplicable to public retirement disability benefits cases controlled by this section. Mitchell v. PERB, 28 Or App 339, 559 P2d 1325 (1977), Sup Ct review denied

Attorney General Opinions

Aggravation of preexisting condition or disease as injury, (1980) Vol 40, p 339

238.005
Definitions 238.008
Computation of salary 238.015
Membership generally 238.025
Effect of service interruptions on membership 238.035
Membership of part but not all employees of a public employer 238.045
Membership of certain circuit court judges 238.055
Membership of judges previously receiving retirement pay from Judges’ Retirement Fund 238.062
Membership of deputy district attorneys 238.068
Membership of legislators 238.072
Membership of certain legislative employees 238.074
Membership of community college employees 238.078
Reemployment of retired members 238.082
Limits on hours worked by retired members 238.088
Appointment or election of retired member to public office 238.092
Option of legislators to receive certain benefits 238.095
Termination of membership 238.105
Restoration of credit forfeited by reason of termination of membership 238.115
Alternate method of restoring credit forfeited by reason of termination of membership 238.125
Credit for probationary period of employment 238.135
Credit for probationary periods in seasonal positions 238.145
Credit for service as police officer or firefighter with nonparticipating employer 238.148
Credit for service as public safety officer in another state 238.156
Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces 238.157
Alternative provision for retirement credit for periods of service in uniformed services 238.160
Retirement credit for service while on loan to federal government 238.162
Retirement credit for service as teacher in public schools of another state 238.165
Credit for certain periods of employment by Legislative Assembly 238.175
Retirement credit for periods of disability 238.200
Employee contributions generally 238.205
Payment of employee contribution by employer 238.210
Payment of certain circuit court judge employee contributions by employer 238.215
Contributions by certain higher education employees 238.220
Employee rollover contributions 238.222
Trustee-to-trustee transfers to fund restoration of forfeited service or purchase of retirement credit 238.225
Employer contributions 238.227
Pooling of employers for purpose of computing employer contributions 238.229
Effect of lump sum payment to side account on contributions of pooled employer 238.232
Choice of amortization period for certain lump sum payments to side accounts 238.235
Unfunded liability or surplus after employee transfer or employer merger, consolidation or split 238.250
Regular accounts 238.255
Credits to regular accounts when earnings less than assumed interest rate 238.260
Variable Annuity Account 238.265
Withdrawal of member account 238.270
Transfer of member account to other public employee retirement system 238.280
Eligibility for retirement 238.285
Verification of retirement data 238.300
Service retirement allowance 238.305
Optional service retirement allowance calculations 238.310
Minimum service retirement allowance 238.315
Lump sum payment in lieu of small allowance 238.320
Disability retirement allowance 238.325
Optional disability retirement allowance calculations 238.330
Minimum disability retirement allowance 238.335
Medical examination for disability retirement allowance 238.340
Return to work 238.345
Optional service-connected disability retirement allowance for police officers and firefighters 238.350
Use of unused leave to increase retirement allowance 238.355
Computation of unused sick leave for community college employees 238.360
Cost-of-living adjustments 238.361
Consumer price index for calculation of cost of living adjustments 238.362
Increased benefits payable in compensation for certain damages attributable to taxation of benefits 238.364
Calculation of increased benefit payable under ORS 238.362 238.366
Retirement allowance increase based on years of service 238.368
Retirement allowance increases for members who retired before January 1, 1991 238.372
Increased benefits not payable to nonresidents 238.374
Applicant’s statement 238.376
Nonresidency after benefits commenced 238.378
Information from Department of Revenue 238.382
Statements constitute declaration under penalty of perjury 238.384
Rules 238.390
Death benefit 238.395
Additional death benefit 238.400
Payment upon death of retired member who dies before making election of retirement benefits 238.405
Death benefit payable to survivors of certain police officers or firefighters 238.407
Distribution of death benefit as rollover distribution 238.410
Board may contract for insurance for retirees 238.415
Payment toward cost of pre-Medicare insurance 238.420
Payment toward cost of Medicare supplemental insurance 238.425
Benefits payable to vested inactive member 238.430
Limitation on benefits payable to persons establishing membership on or after January 1, 1996 238.435
Provisions applicable to persons establishing membership on or after January 1, 1996 238.440
Optional purchase of benefit units by police and firefighters 238.442
Prior service credit 238.445
Benefits exempt from execution, bankruptcy and certain taxes 238.447
Execution or assignment of benefits to collect restitution or compensatory fine for felony 238.450
Computation of retirement allowance or benefit 238.455
Estimated benefit payments 238.458
Unclaimed benefits 238.460
Waiver of retirement allowance 238.462
Spousal consent required for certain optional forms of retirement allowance 238.465
Benefits payable to others under certain judgments 238.470
Interest on payments from fund 238.475
Effect of transfer of employee to another participating employer 238.480
Effect of change to calendar year on contributions and credit of members 238.485
Fund established 238.488
Payment of benefits 238.490
Administrative expenses 238.492
Rules for administration of fund 238.500
Definitions for ORS 238.500 to 238.585 238.505
Judges as PERS members 238.515
Contributions 238.525
Compulsory retirement age 238.535
Service retirement allowance 238.538
Health benefit plans for certain retired judge members 238.545
Withdrawal of member account 238.555
Disability retirement allowance 238.565
Judge’s beneficiaries 238.575
Cost-of-living adjustments 238.580
Application of PERS laws to judges 238.585
Use of creditable service by person who serves as both member and judge member 238.600
System established 238.601
Legislative findings and intent 238.605
Actuarial report on system 238.606
Independent review of actuarial report on system 238.607
Actuarial equivalency factor tables 238.608
Separate actuarial equivalency factor tables for certain police officers and firefighters 238.610
Administrative expenses of system 238.615
Revolving fund for payment of administrative expenses 238.618
Exclusion of employer or employee from system to maintain tax qualification 238.622
Report on changes to actuarial methods and assumptions 238.630
Board generally 238.635
Board consideration of system goals and objectives 238.640
Qualifications of board members 238.645
Director and staff 238.646
Authority of Director of Public Employees Retirement System to require fingerprints 238.650
Rules of board 238.655
Procedure for board hearings 238.657
Board counsel 238.660
Fund generally 238.661
Moneys in fund appropriated to board 238.665
Contributions and interest not included in board’s budget 238.670
Reserve accounts in fund 238.671
Proposal to legislative review agency for crediting of interest or income 238.672
Crediting of earnings to employer upon death or retirement of member 238.675
Transfer of unclaimed death benefit or account balance to other account or reserve 238.680
Integration of other retirement systems 238.685
Method of payment of unfunded obligation under integration contract 238.690
Integration of retirement plan of mass transit district 238.692
Definitions for ORS 238.692 to 238.698 238.694
Certain public bodies authorized to issue bonds to finance pension liabilities 238.695
Intergovernmental agreements for collective issuance, administration or payment of bonds 238.696
Debt service trust fund 238.697
Requirements for issuance of bonds 238.698
Funds diversion agreement 238.700
Enforcement of requirements of ORS chapters 238 and 238A 238.705
State departments to remit contributions and furnish reports 238.710
Mandamus against defaulting employer 238.715
Recovery of overpayments 238.720
Rollover contributions 238.730
Unfunded Actuarial Liability Resolution Program 238.750
Short title
Green check means up to date. Up to date

Current through early 2024

§ 238.320’s source at oregon​.gov