2007 ORS 243.886¹
Limitations on district participation in benefit plans
  • exceptions

(1) Except as provided in subsection (2) of this section:

(a) A district may not provide or contract for a benefit plan unless the benefit plan is provided and administered by the Oregon Educators Benefit Board under ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans); and

(b) Eligible employees of a district may participate only in benefit plans provided and administered by the board.

(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 (Duties) to 243.874 (Flexible benefit plans) 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) Nothing in ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans) may be construed to expand or contract collective bargaining rights or collective bargaining obligations. [2007 c.7 §14]

Note: Section 16, chapter 7, Oregon Laws 2007, provides:

Sec. 16. Notwithstanding section 14 of this 2007 Act [243.886 (Limitations on district participation in benefit plans)]:

(1) Before October 1, 2008, a district is not required to offer benefit plans that are provided and administered by the Oregon Educators Benefit Board under sections 1 to 14 of this 2007 Act [243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans)].

(2) Except as provided in subsections (3) to (6) of this section, on and after October 1, 2008:

(a) A district may not offer a benefit plan unless the benefit plan is provided and administered by the board; and

(b) Eligible employees of a district may participate in benefit plans provided and administered by the board.

(3)(a) If a collective bargaining agreement exists between a district and employees of the district and the agreement expires after July 1, 2008, subsection (2) of this section does not apply to the district or employees of the district. However:

(A) If the collective bargaining agreement expires before October 1, 2010, section 14 of this 2007 Act first applies to the district and employees of the district upon the expiration of the agreement, except as provided in subsection (4) of this section; and

(B) In any case, on and after October 1, 2010, section 14 of this 2007 Act applies to the district and employees of the district.

(b) If no collective bargaining agreement exists between a district and employees of the district, and if a contract exists between the district and a carrier and the contract expires after October 1, 2008, subsection (2) of this section does not apply to the district or employees of the district. However:

(A) If the contract expires before October 1, 2010, section 14 of this 2007 Act first applies to the district and employees of the district upon the expiration of the contract, except as provided in subsection (4) of this section; and

(B) In any case, on and after October 1, 2010, section 14 of this 2007 Act applies to the district and employees of the district.

(4) 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. However:

(a) Until October 1, 2010, the benefit plans provided or contracted for by the self-insured district or the district with an independent health insurance trust are not required to meet the condition provided in section 14 (2)(a) of this 2007 Act.

(b) On and after October 1, 2010, the benefit plans provided or contracted for by the self-insured district or the district with an independent health insurance trust must meet the condition provided in section 14 (2)(a) of this 2007 Act.

(c) This subsection does not apply to a community college district.

(5) A community college district may provide or contract for benefit plans other than benefit plans provided and administered by the board.

(6) In accordance with procedures adopted by the board to extend benefit plan coverage under sections 3 to 8 of this 2007 Act [243.864 (Duties) to 243.874 (Flexible benefit plans)] 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. [2007 c.7 §16]

Note: See note under 243.860 (Definitions for ORS 243.860 to 243.886).

Note: Sections 20, 21 and 22, chapter 7, Oregon Laws 2007, provide:

Sec. 20. (1) There is created the Task Force on Educator Health Benefits consisting of six members appointed as follows:

(a) The President of the Senate shall appoint one member from among members of the Senate.

(b) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.

(c) The Governor shall appoint four members as follows:

(A) One member who is a nonmanagement district employee and who is in a labor organization representing district employees;

(B) Two members who are not eligible to participate in a benefit plan provided under sections 1 to 14 of this 2007 Act [243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans)] and who have expertise in health insurance or in employee benefit plan design or administration; and

(C) One member who is a district management employee.

(2) The task force shall review the benefit plans provided through the Oregon Educators Benefit Board, analyze the benefits provided by and the administration of the benefit plans and determine whether the enactment of sections 1 to 14 of this 2007 Act has resulted in cost savings to the state.

(3) A majority of the members of the task force constitutes a quorum for the transaction of business.

(4) Official action by the task force requires the approval of a majority of the members of the task force.

(5) The task force shall elect one of its members to serve as chairperson.

(6) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(7) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(8) The task force may adopt rules necessary for the operation of the task force.

(9) The task force shall submit a report, and may include recommendations for legislation, to an interim committee related to education or public employment, as appropriate, no later than October 1, 2012.

(10) The task force shall use the services of permanent legislative staff to the greatest extent practicable.

(11) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Legislative Assembly for that purpose.

(12) All agencies of state government, as defined in ORS 174.111 ("State government" defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties.

(13) The Legislative Administrator may accept, on behalf of the task force, contributions of moneys and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions placed on the moneys not inconsistent with the duties of the task force.

(14) All moneys received by the Legislative Administrator under subsection (13) of this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the task force. The moneys are continuously appropriated to the task force for the purposes of carrying out the duties of the task force.

(15) As used in this section, "district" has the meaning given that term in section 1 of this 2007 Act [243.860 (Definitions for ORS 243.860 to 243.886)]. [2007 c.7 §20]

Sec. 21. Section 20 of this 2007 Act becomes operative on July 1, 2011. [2007 c.7 §21].

Sec. 22. Section 20 of this 2007 Act is repealed on the date of the convening of the regular legislative session of the Seventy-seventh Legislative Assembly. [2007 c.7 §22].

Chapter 243

Notes of Decisions

Effect of Public Employe Rela­tions Act is to modify authority of Personnel Division so that, while division retains responsibility for es­tab­lishing general job salary grades and classifica­tions, specific salary within each range which is paid to employe in public employe bargaining unit is subject to negotia­tion or arbitra­tion under terms of this chapter. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Provision of collective bargaining agree­ment giving present employes lateral transfer rights was valid under ORS 240.321 (Collective bargaining) and fact that its imple­menta­tion resulted in male succeeding female employe did not violate state af­firm­a­tive ac­tion statutes. State Executive Dept. v. OPEU, 91 Or App 124, 754 P2d 582 (1988)

Atty. Gen. Opinions

State agencies paying carpooling employes' parking fees, (1974) Vol 36, p 1015

Law Review Cita­tions

51 OLR 23, 44 (1971)

1 Legislative Counsel Committee, CHAPTER 243—Public Employee Rights and Benefits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­243.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 243, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­243ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.