Chapter 238 Public Employees Retirement System

General Provisions

§ 238.005 Definitions

Membership

Membership Generally

§ 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
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Membership of Retired Employees

§ 238.078 Reemployment of retired members
§ 238.082 Active membership of reemployed retired members
§ 238.088 Appointment or election of retired member to public office
§ 238.092 Option of legislators to receive certain benefits

Termination of Membership

§ 238.095 Termination of membership

Retirement Credit

Restoration of Forfeited Credit

§ 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

Credit for Probationary Periods

§ 238.125 Credit for probationary period of employment
§ 238.135 Credit for probationary periods in seasonal positions

Credit for Periods of Service With Other Employers

§ 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 with Armed Forces
§ 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

Miscellaneous

§ 238.165 Credit for certain periods of employment by Legislative Assembly
§ 238.175 Retirement credit for periods of disability

Contributions

Employee Contributions

§ 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

Employee Rollover Contributions

§ 238.220 Employee rollover contributions

Employer Contributions

§ 238.225 Employer contributions
§ 238.227 Pooling of employers for purpose of computing employer contributions
§ 238.229 Effect of lump sum payment on contributions of pooled employer
§ 238.231 Unfunded liability or surplus after employee transfer or employer merger, consolidation or split

Member Accounts

Generally

§ 238.250 Regular accounts
§ 238.255 Credits to regular accounts when earnings less than assumed interest rate
§ 238.258 Minimum regular account balance
§ 238.260 Variable Annuity Account

Withdrawal or Transfer of Member Account

§ 238.265 Withdrawal of member account
§ 238.270 Transfer of member account to other public employee retirement system

Eligibility for Retirement

§ 238.280 Eligibility for retirement

Benefits

Service Retirement Allowance

§ 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

Disability Retirement 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

Use of Sick Leave to Increase Retirement Allowance

§ 238.350 Use of unused sick leave to increase retirement allowance
§ 238.355 Computation of unused sick leave for community college employees

Cost of Living Adjustments

§ 238.360 Cost-of-living adjustments

Benefit Increases in Compensation of Claims Based on Taxation of Benefits

§ 238.375 Increased benefits payable in compensation for certain damages attributable to taxation of benefits
§ 238.380 Calculation of increased benefit payable under ORS 238.375
§ 238.385 Retirement allowance increase based on years of service
§ 238.387 Retirement allowance increases for members who retired before January 1, 1991

Death Benefits

§ 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

Insurance Premium Payments

§ 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

Benefits Payable to Vested Inactive Member

§ 238.425 Benefits payable to vested inactive member

Benefits Payable to Persons Establishing Membership on or After January 1, 1996

§ 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

Optional Purchase of Benefit Units by Police and Firefighters

§ 238.440 Optional purchase of benefit units by police and firefighters

Prior Service Credit

§ 238.442 Prior service credit

Miscellaneous

§ 238.445 Benefits exempt from execution, bankruptcy and certain taxes
§ 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
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Public Employee Benefit Equalization Fund

§ 238.485 Fund established
§ 238.488 Payment of benefits
§ 238.490 Administrative expenses
§ 238.492 Rules for administration of fund

Judge Members

§ 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
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Administration

Public Employees Retirement System

§ 238.600 System established
§ 238.601 Legislative findings and intent
§ 238.605 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
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Public Employees Retirement Board

§ 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
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Public Employees Retirement Fund

§ 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
§ 238.672 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

Integration of Other Retirement Systems

§ 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

Bonding of Pension Liabilities

§ 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
§ 238.698 Funds diversion agreement

Enforcement

§ 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

Short Title

§ 238.750 Short title
Source:
Legislative Counsel Committee, CHAPTER 238—Public Employees Retirement System, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­238.­html (2007) (last ac­cessed Feb. 12, 2009).