ORS 238.350
Use of unused leave to increase retirement allowance

  • rules

(1)

Intentionally left blank —Ed.

(a)

Upon the request by a public employer that its employees be compensated for accumulated unused sick leave with pay in the form of increased retirement benefits upon service or disability retirement, the board shall establish a procedure for adding to the gross amount of salary used in determining final average salary the monetary value of one-half of the accumulated unused sick leave with pay of each retiring employee of the requesting public employer and shall establish benefits of the retiring employee on the basis of a final average salary reflecting that addition.

(b)

For employees of a common school district, a union high school district, an education service district or an institution of higher education engaged in teaching or other school activity, or employees of the school operated under ORS 346.010 (Training and educational services for children who are deaf) engaged in teaching or other school activity, who are employed under contract for a period of less than 12 consecutive months and who are entitled to sick leave with pay of less than 96 hours for a year, each hour of accumulated unused sick leave with pay shall be valued on the basis of the actual number of contract hours of employment during the last year of contributing membership of an employee before retiring and the salary of the employee during the same period. This paragraph does not apply to any employee who is employed under contract for 12 consecutive months in any of the three or less years used in determining the final average salary of the employee.

(c)

For the purpose of this subsection, accumulated unused sick leave with pay includes unused sick leave with pay accumulated by an active member of the system while in the service of any public employer participating in the system that has the request described in paragraph (a) of this subsection in effect at the time of the member’s separation from the service of the employer, whether that employer is or is not the employer of the member at the time of the member’s retirement.

(d)

The board shall establish rules requiring all public employers participating in the system to transmit to the board reports of unused sick leave with pay accumulated by their employees who are members of the system and to provide timely notification to each of those employees of unused sick leave with pay accumulated by the employee and reported to the board.

(2)

Accumulated unused sick leave with pay may be considered for the purpose of subsection (1) of this section only in accordance with the following requirements:

(a)

Sick leave not credited at the rate actually provided by the public employer may not be considered. The amount of sick leave exceeding an amount credited at the lowest rate in effect for any employee of the public employer who is normally entitled to sick leave, and in any event exceeding an amount credited at a rate of eight hours for each full month worked, may not be considered.

(b)

Sick leave credited for periods when an employee was absent from employment on sabbatical leave, educational leave or any leave without pay may not be considered.

(c)

Any period during which an employee was absent from employment for illness or injury that was charged against sick leave not qualified for consideration shall be deducted from sick leave qualified for consideration.

(d)

Sick leave for any period for which the public employer provides no sick leave with pay for its employees may not be considered.

(e)

Sick leave accumulated on and after July 1, 1973, may be considered only to the extent it is supported by records of accumulation and use pursuant to a plan adopted formally by the public employer.

(f)

Accumulated unused sick leave for periods before July 1, 1973, may be considered as follows:

(A)

If any department, bureau or other organizational unit of a public employer maintained formal records of accumulation and use even though the public employer did not require that those records be maintained, the accumulated unused sick leave shall be considered according to those records.

(B)

Where the public employer provided sick leave before July 1, 1973, but formal records of accumulation and use were not required or if required, are unavailable or incomplete, or the sick leave was subject to administrative limitations on total accumulation or transfer between public employers, accumulated unused sick leave for periods before July 1, 1973, may be considered as equal to 2.675 hours for each full month worked or an amount per month equal to the average monthly accumulation by an employee during the period beginning July 1, 1973, and ending at the time of retirement, whichever amount is greater, but reduced by the amount of any accumulated unused sick leave credited to the employee on July 1, 1973.

(g)

The written certification of a member or former member of the Legislative Assembly shall constitute a formal record of accumulation and use in determining the amount of accumulated unused sick leave of an employee of the Legislative Assembly, either of its houses or any of its committees or officers for periods of employment before July 1, 1981. Sick leave accumulated on and after July 1, 1981, by employees of the Legislative Assembly, either of its houses or any of its committees or officers may be considered only to the extent it is supported by records of accumulation and use maintained by the Legislative Administration Committee, or any statutory, standing, special or interim committee of the Legislative Assembly or either house thereof, or any constitutional or statutory office of the Legislative Assembly or either house thereof, pursuant to a plan adopted formally by the committee or officer.

(3)

Intentionally left blank —Ed.

(a)

As used in this subsection, “legislative employee” means any person employed by the Legislative Assembly, either of its houses or any of its committees or officers, but does not include a regular employee of a statutory committee or statutory office of the Legislative Assembly described in ORS 173.005 (Personnel policies for employees of statutory committees) (1).

(b)

Upon the request of a retiring legislative employee who is a member of the system, and the request of the public employer of the legislative employee, that the legislative employee be compensated for accumulated unused vacation with pay for periods of legislative employment in the form of increased retirement benefits upon service or disability retirement, the board shall add to the gross amount of salary used in determining final average salary of the legislative employee the monetary value of one-half of the accumulated unused vacation with pay of the legislative employee and shall establish the benefits of the legislative employee on the basis of a final average salary reflecting that addition.

(c)

Accumulated unused vacation with pay may be considered for the purposes of paragraph (b) of this subsection only in accordance with the following requirements:

(A)

Vacation not credited at the rate actually provided by the public employer may not be considered.

(B)

Amounts of vacation exceeding amounts creditable to employees in the classified service of the state service pursuant to ORS 240.515 (1), and rules adopted pursuant thereto, in effect on June 30, 1981, shall not be considered.

(C)

Vacation accumulated before, on and after July 1, 1981, may be considered only to the extent it is supported by records of accumulation and use pursuant to a plan adopted formally by the public employer. However, the written certification of a member or former member of the Legislative Assembly shall constitute a formal record of accumulation and use in determining the amount of accumulated unused vacation of a legislative employee for periods of legislative employment before July 1, 1981.

(4)

Employers with plans providing payments on account of sickness in lieu of sick leave with pay may request the board to consider the monetary value of accumulated unused payments on account of sickness as if such payments were an equivalent amount of accumulated unused sick leave with pay under the same terms and conditions specified in subsections (1) and (2) of this section. [Formerly 237.153; 1997 c.249 §68; 2001 c.295 §10; 2007 c.70 §57; 2007 c.858 §60; 2009 c.562 §16; 2011 c.637 §74]

Source: Section 238.350 — Use of unused leave to increase retirement allowance; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html.

Notes of Decisions

Crediting of accumulated unused sick leave to pension account is contractual offer accepted by employee at time of commencing employment and may not be terminated or reduced at later time. Oregon State Police Officers’ Assn. v. State of Oregon, 323 Or 356, 918 P2d 765 (1996)

Attorney General Opinions

Retirement benefit credit for unused sick leave, request by school district, (1973) Vol 36, p 665; sick leave and vacation leave provisions for exempt or unclassified academic service, (1974) Vol 36, p 1119; certification of amount of accumulated unused sick leave of retired legislative employee by letter written by current or former legislator, (1981) Vol 41, p 454; limitations on contracts affecting pension contribution, sick pay cash out and minimum account earnings, (1994) Vol 47, p 176

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
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