2017 ORS 237.650¹
Options for legislators who are members of Public Employees Retirement System

(1) Except as provided in this section, a person who is appointed or elected as a member of the Legislative Assembly and who is a member of the Public Employees Retirement System at the time of the appointment or election may make a retirement plan election in the manner provided by this section. If a person who is permitted to make an election under this section does not make a retirement plan election under subsection (2), (3), (4) or (5) of this section, the person is deemed to have elected a retirement plan as provided in subsection (6) of this section.

(2) An active or inactive member of the Public Employees Retirement System who is appointed or elected as a member of the Legislative Assembly, and who established membership in the system before August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established), may:

(a) Elect to remain a member of the system under ORS chapter 238 for the purpose of service in the Legislative Assembly;

(b) Decline to remain a member of the system under ORS chapter 238 and elect to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly; or

(c) Decline to remain a member of the system under ORS chapter 238 or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly.

(3) A retired member of the Public Employees Retirement System who is appointed or elected as a member of the Legislative Assembly, and who established membership in the system before August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established), may:

(a) Elect to become an active member of the system under ORS chapter 238 for the purpose of service in the Legislative Assembly;

(b) Decline to become an active member of the system under ORS chapter 238 and elect to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly; or

(c) Decline to become an active member of the system under ORS chapter 238 or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly.

(4) An active or inactive member of the Public Employees Retirement System who is appointed or elected as a member of the Legislative Assembly, and who established membership in the system on or after August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established), may:

(a) Elect to remain a member of the system under ORS chapter 238A for the purpose of service in the Legislative Assembly;

(b) Decline to remain a member of the system under ORS chapter 238A and elect to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly; or

(c) Decline to remain a member of the system under ORS chapter 238A or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly.

(5) A retired member of the Public Employees Retirement System who is appointed or elected as a member of the Legislative Assembly, and who established membership in the system on or after August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established), may:

(a) Elect to become an active member of the system under ORS chapter 238A for the purpose of service in the Legislative Assembly;

(b) Decline to become an active member of the system under ORS chapter 238A and elect to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly; or

(c) Decline to become an active member of the system under ORS chapter 238A or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly.

(6) Written notice of an election under subsection (2), (3), (4) or (5) of this section must be given to the Public Employees Retirement Board not more than 30 days after the person takes office. If the board does not receive written notice of the election within 30 days after the person takes office:

(a) A person described in subsection (2) of this section is deemed to have elected to remain a member of the Public Employees Retirement System under ORS chapter 238 for the purpose of service in the Legislative Assembly.

(b) A person described in subsection (3) of this section is deemed to have declined to become an active member of the system under ORS chapter 238 or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan), and remains a retired member of the system under ORS chapter 238 for the purpose of service in the Legislative Assembly.

(c) A person described in subsection (4) of this section is deemed to have elected to remain a member of the Public Employees Retirement System under ORS chapter 238A for the purpose of service in the Legislative Assembly.

(d) A person described in subsection (5) of this section is deemed to have declined to become an active member of the system under ORS chapter 238A or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan), and remains a retired member of the system under ORS chapter 238A for the purpose of service in the Legislative Assembly.

(7) An election under subsection (3)(b) or (c) or (5)(b) or (c) of this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under ORS chapter 238 or 238A.

(8) An election under this section does not affect the ability of a person appointed or elected as a member of the Legislative Assembly to participate in the state deferred compensation plan in the manner provided by ORS 243.401 (Definitions for ORS 243.401 to 243.507) to 243.507 (Payment of deferred compensation to alternate payee under judgment or order) as other than a legislator member under ORS 237.655 (Legislator members of state deferred compensation plan). [2003 c.733 §46a; 2011 c.722 §1; 2013 s.s. c.3 §8]

Note: 237.650 (Options for legislators who are members of Public Employees Retirement System) and 237.655 (Legislator members of state deferred compensation plan) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 237 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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.