2017 ORS 238.105¹
Restoration of credit forfeited by reason of termination of membership

(1) Whenever, within five years after the employee is separated from all service entitling the employee to membership in the system, an employee who has withdrawn the amount credited to the member account of the member reenters the service of an employer participating in the system, the employee’s rights in the system that were forfeited by the withdrawal shall be restored upon repaying to the board within one year after reentering the service of the employer, the full amount so withdrawn together with the interest that would have been accumulated on the sum had the amount not been withdrawn.

(2) Restoration of rights under this section does not affect any forfeiture of rights of a person by reason of:

(a) Withdrawal of an account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters);

(b) Withdrawal from the pension program under ORS 238A.120 (Withdrawal from pension program by vested inactive member); or

(c) Withdrawal of individual accounts pursuant to ORS 238A.375 (Distribution of accounts to inactive member). [Formerly 237.111 (3); 2001 c.945 §37; 2007 c.52 §4]

Notes of Decisions

Employee’s restored rights in system are shaped by statutory and regulatory schemes that governed Public Employees Retire­ment System at time that rights were forfeited. Smith v. Public Employees Retire­ment Board, 235 Or App 159, 230 P3d 88 (2010)

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 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 238, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano238.­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.