2017 ORS 238.082¹
Limits on hours worked by retired members

(1) Subject to the limitations in this section, any public employer may employ any member who is retired for service if the administrative head of the public employer is satisfied that such employment is in the public interest.

(2) Except as provided in this section, the period or periods of employment by one or more public employers of a retired member who is reemployed under this section may not total 1,040 hours or more in any calendar year.

(3) A retired member who is receiving old-age, survivors or disability insurance benefits under the federal Social Security Act may be employed under this section for the number of hours permitted by subsection (2) of this section, or for the number of hours for which the salary equals the maximum allowed for receipt of the full amount of those benefits to which the person is entitled, whichever is greater.

(4) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed as a teacher or as an administrator, as those terms are defined in ORS 342.120 (Definitions for chapter), if the retired member is employed by a school district or community college district located within a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census, or is employed by an education service district and the retired member’s primary work duties are performed in a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census. A retired member who is employed under this subsection as a teacher, as defined in ORS 342.120 (Definitions for chapter), by the same public employer that employed the member at the time of retirement remains in the same collective bargaining unit that included the member before retirement.

(5) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed:

(a) By the sheriff of a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(b) By the municipal police department of a city with a population of fewer than 15,000 inhabitants, according to the latest federal decennial census;

(c) By the state or a county for work in a correctional institution located in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(d) By the Black Butte Ranch Rural Fire Protection District, the Black Butte Ranch Service District or the Sunriver Service District;

(e) By the Oregon State Police for work in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(f) As a deputy director or assistant director of the Department of Human Services, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section; or

(g) As a deputy director or assistant director of the Oregon Health Authority, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section.

(6) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed to temporarily replace an employee who serves in the National Guard or in a reserve component of the Armed Forces of the United States and who is called to federal active duty.

(7) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed by a road assessment district organized under ORS 371.405 (Definitions for ORS 371.405 to 371.535) to 371.535 (Disposition of funds of dissolved district).

(8) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is a nurse and is employed by a public employer as a nurse or for the purpose of teaching nursing during the period in which a nursing workforce shortage declared by the Legislative Assembly or the Governor is in effect.

(9)(a) Except as provided in paragraph (b) of this subsection, subsections (4) to (8) of this section do not apply to any member who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1), (2) or (3).

(b) Subsection (4) of this section applies to a person who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1), (2) or (3) as long as the person’s date of retirement is more than six months before the date the person is employed under subsection (4) of this section.

(10) Employment under this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under this chapter.

(11) Hours worked by a person employed under subsections (4) to (8) of this section shall not be counted for the purpose of the limitations on employment imposed by subsections (2) and (3) of this section. [Formerly 237.143; 1997 c.178 §1; 2001 c.874 §2; 2003 c.625 §34; 2005 c.808 §40; 2007 c.307 §1; 2007 c.404 §4; 2007 c.774 §1; 2007 c.789 §4; 2009 c.390 §1; 2009 c.868 §§3,5; 2011 c.720 §69]

Note: Sections 2 and 3, chapter 499, Oregon Laws 2007, provide:

Sec. 2. (1) The limitations on employment imposed by ORS 238.082 (Limits on hours worked by retired members) (2) and (3) do not apply to a retired member who is a registered nurse and who is employed by a public employer as a nursing instructor.

(2) The limitations on employment imposed by ORS 238.082 (Limits on hours worked by retired members) (2) and (3) do not apply to a retired member who is employed by the Department of Public Safety Standards and Training for the purpose of providing training under ORS 181.610 to 181.712 [series became 181A.355 (Definitions for ORS 181A.355 to 181A.670) to 181A.670 (Disclosure of information about public safety officer)].

(3) This section does not apply to any member who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1) or (3).

(4) Hours worked by a person employed under this section shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (Limits on hours worked by retired members) (2) and (3).

(5) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter. [2007 c.499 §2; 2009 c.390 §§3,10]

Sec. 3. Section 2, chapter 499, Oregon Laws 2007, is repealed January 2, 2026. [2007 c.499 §3; 2015 c.108 §1]

Note: Sections 2 to 4, chapter 6, Oregon Laws 2016, provide:

Sec. 2. (1) The limitations on employment imposed by ORS 238.082 (Limits on hours worked by retired members) (2) and (3) do not apply to a retired member who is employed by a school district or education service district to provide services as a speech-language pathologist or speech-language pathology assistant.

(2) This section does not apply to any member who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1) or (3) unless the person’s date of retirement is more than six months before the date the person is employed under this section.

(3) Hours worked by a person employed under this section may not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (Limits on hours worked by retired members) (2) and (3).

(4) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter [ORS chapter 238]. [2016 c.6 §2]

Sec. 3. Section 2 of this 2016 Act applies to hours worked by a person employed by a school district or education service district to provide services as a speech-language pathologist or speech-language pathology assistant on and after January 1, 2016. [2016 c.6 §3]

Sec. 4. Section 2 of this 2016 Act is repealed January 2, 2026. [2016 c.6 §4]

Note: Sections 2 and 3, chapter 475, Oregon Laws 2015, provide:

Sec. 2. (1) As used in this section, “teacher of career and technical education” means a teacher licensed by the Teacher Standards and Practices Commission to instruct any career and technical education course or program in any career and technical education field.

(2) The limitations on employment imposed by ORS 238.082 (Limits on hours worked by retired members) (2) and (3) do not apply to a retired member who is employed by a school district or an education service district as a teacher of career and technical education.

(3) This section applies to a person who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1), (2) or (3) as long as the person’s date of retirement is more than six months before the date the person is employed under this section.

(4) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter.

(5) Hours worked by a person employed under subsection (2) of this section shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (Limits on hours worked by retired members) (2) and (3). [2015 c.475 §2]

Sec. 3. Section 2 of this 2015 Act is repealed on June 30, 2018. [2015 c.475 §3]

1 Legislative Counsel Committee, CHAPTER 238—Public Employees Retirement System, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors238.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.