2017 ORS 237.635¹
Mandated increase in benefits payable under systems other than Public Employees Retirement System
  • limitations

(1) Any public employer that provides retirement benefits to its police officers and firefighters other than by participation in the Public Employees Retirement System pursuant to the provisions of ORS 237.620 (Membership of police officers and firefighters in Public Employees Retirement System) shall provide increases to the police officers and firefighters of the public employer, both active and retired, that are equal to the increases in retirement benefits that are provided for in chapter 796, Oregon Laws 1991, for active and retired police officers or firefighters who are members of the Public Employees Retirement System, or shall provide to those police officers and firefighters increases in retirement benefits that are the actuarial equivalent of the increases in retirement benefits that are provided for in chapter 796, Oregon Laws 1991, for police officers or firefighters who are members of the Public Employees Retirement System. No other retirement benefit or other benefit provided by those public employers shall be decreased by the employer by reason of the increases mandated by this section.

(2) The increased benefits provided for in this section apply only to police officers or firefighters who establish membership before July 14, 1995, in a retirement plan or system offered by a public employer in lieu of membership in the Public Employees Retirement System pursuant to the provisions of ORS 237.620 (Membership of police officers and firefighters in Public Employees Retirement System).

(3) A public employer that is subject to the requirements of this section shall cease paying increased retirement benefits under this section if the payments made to the person are not subject to Oregon personal income tax under ORS 316.127 (Income of nonresident from Oregon sources) (9). A public employer that is subject to the requirements of this section shall adopt procedures similar to those described in ORS 238.372 (Increased benefits not payable to nonresidents) to 238.384 (Rules) for the purpose of implementing this subsection. The Department of Revenue shall provide to a public employer that is subject to the requirements of this section the information regarding Oregon personal income tax returns that the public employer deems necessary to determine whether the retirement benefits paid to the person by the public employer are subject to Oregon personal income tax under ORS 316.127 (Income of nonresident from Oregon sources) (9). [1991 c.796 §11; 1995 c.569 §12; 2007 c.622 §3; 2013 c.53 §15]

Note: Legislative Counsel has substituted “chapter 796, Oregon Laws 1991,” for the words “this 1991 Act” in section 11, chapter 796, Oregon Laws 1991, compiled as 237.635 (Mandated increase in benefits payable under systems other than Public Employees Retirement System). Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication). The sections for which substitution otherwise would be made may be determined by referring to the 1991 Comparative Section Table located in Volume 20 of ORS.

Notes of Decisions

In home rule cities, retire­ment and life insurance benefits for police of­fi­cers and firemen are predominantly matters of state concern rather than local concern. La Grande/Astoria v. Public Employes Retire­ment Board, 281 Or 137, 576 P2d 1204 (1977)

Const. Art. XI §2, providing that “Legislative Assembly shall not enact, amend, or repeal any charter or act of incorpora­tion for any municipality, city or town,” did not deny legislature authority to enact statewide standards for police and fire fighters retire­ment and insurance benefits. La Grande/Astoria v. PERB, 284 Or 173, 586 P2d 765 (1978)

Chapter 237

Atty. Gen. Opinions

Authority for voluntary pension trust program for public employees not in educa­tion, (1971) Vol 35, p 998; applica­tion of 1971 amend­ments to benefits under this chapter to retired teachers, (1972) Vol 35, p 1243; retroactive credit for employees of the Legislative Assembly for benefits of the Public Employes’ Retire­ment System, (1973) Vol 36, p 491; eligibility of Teachers’ Retire­ment Fund members for increased retire­ment benefits under 1973 law, (1973) Vol 36, p 687; implied standards for level of funding which must be maintained to achieve “actuarial soundness,” (1977) Vol 38, p 880

1 Legislative Counsel Committee, CHAPTER 237—Public Employee Retirement Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors237.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 237, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano237.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.